CITY OF ATLANTIC BEACH CITY COMMISSION MEETING FEBRUARY 12, :30 PM DRAFT AGENDA

Transcription

1 CITY OF ATLANTIC BEACH CITY COMMISSION MEETING FEBRUARY 12, :30 PM DRAFT AGENDA Call to order Invocation and pledge to the flag 1. Approval of minutes A. Minutes of the regular Commission Meeting on January 8, B. Minutes of the regular Commission Meeting on January 22, Courtesy of Floor to Visitors A. Kevin Brown, Fletcher High School, AICE Marine/Environmental Science, Update on Planting of Sea Oats 3. Unfinished Business from Previous Meetings None. 4. Consent Agenda ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED TO BE ROUTINE BY THE CITY COMMISSION AND WILL BE ENACTED BY ONE MOTION IN THE FORM LISTED BELOW. THERE WILL BE NO SEPARATE DISCUSSION OF THESE ITEMS. IF DISCUSSION IS DESIRED, THAT ITEM WILL BE REMOVED FROM THE CONSENT AGENDA AND WILL BE CONSIDERED SEPARATELY. SUPPORTING DOCUMENTATION AND STAFF RECOMMENDATIONS HAVE BEEN PREVIOUSLY SUBMITTED TO THE CITY COMMISSION ON THESE ITEMS. A. Acknowledge receipt of the Monthly Legal Report for December B. Authorize the City Manager to sign the St. Johns River Management District Cost-Share Funding Program Application for form for the Sewer System Expansion Project. 5. Committee Reports None. 6. Action on Resolutions A. Resolution No A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA, AUTHORIZING THE PUBLIC UTILITIES DEPARTMENT TO PURCHASE THREE (3) GORMAN-RUPP PUMPS FOR THE WASTEWATER TREATMENT PLANT. B. Resolution No A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA, AUTHORIZING THE PUBLIC UTILITIES DEPARTMENT TO PURCHASE ONE GEA WESTFALIA ROTATING ASSEMBLY. C. Resolution No A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA, AWARDING BID # FOR THE MARSH PRESERVES ADA VIEWING/FISHING PIER AT DUTTON ISLAND. 7. Action on Ordinances A. Ordinance No , Public Hearing and First Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, EXTENDING THAT CERTAIN ORDINANCE NO , KNOWN AS THE AUTOMOBILE SERVICE 1

2 STATION MORATORIUM ORDINANCE, APPROVED AND ADOPTED BY THE CITY COMMISSION ON SEPTEMBER 12, 2016, AS AMENDED BY ORDINANCE , APPROVED AND ADOPTED BY THE CITY COMMISSION ON AUGUST 28, 2017, FOR A PERIOD OF FOUR MONTHS FROM FEBRUARY 22, 2018 TO JUNE 22, 2018; PROVIDING FOR THE CONTINUED VALIDITY OF ALL OTHER PROVISIONS OF ORDINANCE NO , AS AMENDED BY ORDINANCE NO ; AND PROVIDING AN EFFECTIVE DATE. B. Ordinance No , Introduction and First Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA REPEALING SECTION 2-19 OF THE CODE OF ORDINANCES, RULES OF CONDUCT AND PROCEDURE AT MEETINGS, SUBSECTION (7), THE ORDER OF BUSINESS, OF THE CITY COMMISSION; ADOPTING NEW SECTION 2-19(7); PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. 8. Miscellaneous Business A. Public Hearing- PLAT Request for re-plat approval as required by Chapter 24, Article 4 of the Code of Ordinances at Atlantic Beach Subdivision A, Lots 2, 4, 6, 8, 10, and 12 Block 2 (54 East Coast Drive, 329, and 331 Ahern Street). B. Selva Preserve Plat (For Discussion) C. Future Gas Station Ordinance (Mayor Glasser) D. Request to Consider Motion for Reconsideration on UBEX Request for a use-by-exception as permitted by Section (c)(3), to allow on-premises consumption of alcoholic beverages in accordance with Chapter 3 of the code at 461 Atlantic Boulevard. (For Action) (Commissioner Stinson) 9. City Manager A. City Manager s Report B. Accept the 90-Day Calendar (February 2018 through April 2018). 10. Reports and/or requests from City Commissioners and City Attorney Adjournment Please Note: This meeting will be live-streamed and videotaped and can be accessed by clicking on the Commission Meeting Video tab located on the home page of the City s website at If any person decides to appeal any decision made by the City Commission with respect to any matter considered at any meeting, such person may need a record of the proceedings, and, for such purpose, may need to ensure that a verbatim record of the proceedings is made, which record shall include the testimony and evidence upon which the appeal is to be based. Any person wishing to speak to the City Commission on any matter at this meeting should submit a request to the City Clerk prior to the meeting. For your convenience, forms for this purpose are available at the entrance to the Commission Chambers. Every effort is made to indicate what action the City Commission is expected to take on each agenda item. However, the City Commission may act upon any agenda subject, regardless of how the matter is stated on the agenda. In accordance with the Americans with Disabilities Act and Section , Florida Statutes, persons with disabilities needing special accommodation to participate in this meeting should contact the City Clerk by 5:00 PM, Friday, February 9,

3 MINUTES CITY OF ATLANTIC BEACH CITY COMMISSION MEETING JANUARY 8, :30 PM Agenda Item 1A IN ATTENDANCE: Mayor Ellen Glasser Commissioner Candace Kelly Commissioner Brittany Nonis Commissioner John Stinson Commissioner M. Blythe Waters City Attorney Brenna Durden City Manager Joe Genity City Clerk Donna Bartle Recording Secretary Nancy Pyatte Invocation and pledge to the flag Gabe Goodman, Pastor of Community Presbyterian Church, gave the Invocation, followed by the Pledge of Allegiance to the flag. Call to Order Mayor Glasser called the meeting to order at 6:30 PM. City Clerk Bartle called the roll and Mayor Glasser noted that a quorum was present. Mayor Glasser requested to change the order of the agenda as follows: Move Items 9A and 10 to follow 3. Commissioner Stinson objected to changing the order of the agenda without a motion, second and an affilmative vote. City Attorney Durden stated the process of asking for consent of the Commission to change the order of the agenda is appropriate. If consent is not unanimous, the alternative requires a motion with a second, and a vote. It takes four votes to approve the change. Motion: To Change the Order of the Agenda to Move 9A and 10 to Follow 3. Moved by Waters, Seconded by Norris A brief discussion ensued about abiding with the ordinance and following the process to initiate a proposed rule change. The consensus of the Commission was to stick to the regular order of the agenda and bring this item to the next roundtable meeting. Withdraw Motion Commissioner Waters withdrew the motion. 1. Approval of minutes A. Minutes ofthe Commission Workshop on November 20,2017. B. Minutes of the Commission Meeting on November 27, C. Minutes of the Sunshine Law Training on November 30,2017. Mayor Glasser asked if there were any corrections to the above minutes. There were no changes or corrections and the minutes stand as submitted.

4 January 8, 2018 MINUTES-REGULAR COMMISSION MEETING Agenda Item 1A 2. Courtesy of Floor to Visitors Mayor Glasser welcomed former Atlantic Beach Mayor Suzanne Shaunessy. A. Proclamation- Dr. Martin Luther King, Jr. Day Mayor Glasser introduced Bishop Golden. Bishop Golden introduced Pastor Carter, Minister Woodard, and Brother Kenny White. Mayor Glasser read the Proclamation into the record. She stated on January 15, 2018 there will be a celebration at the Sunrise Worship Center at 6:00PM for the community to attend. Bishop Golden addressed the Commission and spoke about the history of Dr. Mmiin Luther King, about the Beaches Beloved Communities event of people helping people, and thanked the Mayor and Commission for this recognition. B. Kevin Badge, Update on dune renourishment Kevin Badge, Senior Engineer with Olsen & Associates, provided a synopsis/update of the dune renourishment program after the hurricanes in 2016 and He spoke about the actions for continued renourishment by the City of Jacksonville, the Corps of Engineers, and the State for the areas seaward beyond dunes. There was discussion about the cost of the program, the dune impact and losses experienced due to the hurricanes, and the status going forward with the dune renourishment project after the hurricanes. Mayor Glasser opened Courtesy of the Floor and explained the process for public comments. City Clerk Bartle confirmed there were 21 speaker forms submitted. Mayor Glasser stated each person will be allowed three minutes to speak. Public Comments City Clerk Bmile called the speakers: Meade Coplan, presented a handout and extended an invitation for an event on January 20, 2018 commemorating the Continental/ Atlantic Beach Hotel. Terrence Freeman, presented a handout and spoke about PACE, a financing program relating to energy improvements. Suzanne Shaughnessy, stated she suppmis the Ordinance regulating the sales of pets in Atlantic Beach. She also spoke about the Atlantic Beach website and accessing agendas. Andy Stelzman, spoke about JD Hinson Co. and commended their work on Pointsetta and Magnolia Streets. Deborah Reid, stated she is the Attorney retained by First Act Children's Community Theatre (First Act), and spoke about the issues with Atlantic Beach Experimental Theatre (ABET). Brooke Anderson, spoke about her involvement with and support for First Act. 2

5 January 8, 2018 MINUTES-REGULAR COMMISSION MEETING Agenda Item 1A Joe Gilbert, introduced his daughter Caitlin Gilbert. She spoke about her involvement with First Act. Mr. Gilbert spoke about his support for First Act. Maria Marceleso, introduced her daughter Sophia. She spoke about her involvement with First Act. Nick Speckman, introduced his daughter Alayna. She spoke about her involvement with First Act. Mr. Speckman spoke about First Act and ABET. Olivia Woody, spoke about following her sister in First Act and how excited she was to start. Kristen Bankert, spoke about First Act. Celia Frank, Manager of ABET, spoke about First Act and submitted a copy of conesondence. Alan Gleit, Treasurer for ABET, spoke about the negotiations with First Act. Susan Vanlierop, spoke about First Act. Garret Iwae, stated he is a student at Douglas Anderson School of the Alis and spoke about his involvement with First Act. Diana Townsend, spoke about First Act and ABET. Jerry Redfield, spoke about ABET and First Act. Katie Anderson, spoke about First Act and ABET. Jim Belich, spoke about ABET. Avery Grover, spoke about her involvement with First Act. Mr. Grover spoke about First Act. Rachel Dorrian, spoke about First Act. City Clerk Bartle read the names and comments from the citizens who did not want to speak. Cristina Maduro, suppolis renewal of First Act contract with ABET. Ingrid McCawley, supports renewing First Act's contract with the city to share Adele Grage Theatre. Couliesy of Floor closed. 3. Unfinished Business from Previous Meetings None. 4. Consent Agenda ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED TO BE ROUTINE BY THE CITY COMMISSION AND WILL BE ENACTED BY ONE MOTION IN THE FORM LISTED BELOW. THERE WILL BE NO SEPARATE DISCUSSION OF THESE ITEMS. IF DISCUSSION IS DESIRED, THAT ITEM WILL BE REMOVED FROM THE CONSENT AGENDA AND WILL BE CONSIDERED SEPARATELY. SUPPORTING 3

6 January 8, 2018 MINUTES-REGULAR COMMISSION MEETING Agenda Item 1A DOCUMENTATION AND STAFF RECOMMENDATIONS HAVE BEEN PREVIOUSLY SUBMITTED TO THE CITY COMMISSION ON THESE ITEMS. Mayor Glasser read the title into the record. A. Acknowledge receipt of the Building Depmiment Monthly Activity Reports for October and November 2017, Monthly Legal Repmi for November 2017, and Grant Writing Repmi for December B. Declare the list of prope1iy as surplus so that the items on it may be disposed of in the most beneficial way to the City. Motion: Approve Consent Agenda Items 4A and 4B as written. Moved by Waters, Seconded by Stinson Roll Call Votes: Aye: 5 Kelly, Norris, Stinson, Waters, Glasser Nay: 0 MOTION CARRIED 5. Committee Reports None. 6. Action on Resolutions A. Resolution No A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA, AWARDING BID # FOR WATER SERVICE REPLACEMENTS ON PLAZA DR., CLIPPERSHIP LN., NAUTICAL BLVD. N. AND BELVEDERE ST. Mayor Glasser read the title of the Resolution into the record. City Manager Gerrity explained this is the final year of a three year project to replace water lines, replacing older PVC with newer PVC. The Water Department is being proactive to ensure the level of service. Mr. Gerrity stated advance notification of water shut -off and return of water service will be done by the Water Department or by the plumbers. City Manager Gerrity stated there are 66 replacements this year to complete the project. Also in the contract is the requirement for the plumbers for laying sod and a 30-day watering clause. Motion: Adopt Resolution No as read. Moved by Stinson, Seconded by Waters Roll Call Votes: Aye: 5 Norris, Stinson, Waters, Kelly, Glasser Nay: 0 MOTION CARRIED 7. Action on Ordinances None. 4

7 January 8, 2018 MINUTES-REGULAR COMMISSION MEETING Agenda Item 1A 8. Miscellaneous Business (Discussion only) A. Discussion on Use of Adele Grage Cultural Center City Manager Gerrity provided a Summary of Adele Grage Cultural Center Theatre Usage Issues (which is attached and made part of this Official Record as Attachment A) between ABET and First Act. These issues have been brought to the City by the Cultural Arts and Recreation Department (CARAC). CARAC is responsible for managing use of the Adele Grage Cultural Center (Adele Grage) Theatre. For many years ABET had priority use of the theater. In October 2016 the Commission awarded a contract to First Act for use of the theatre. Both organizations were paying the same fee, $ per year. In summary, City Manager Gerrity explained these two organizations have failed to coexist. They have been strongly encouraged by the Commission, by City Staff, and by CARAC to work out their differences. They have been advised if they do not reach a compromise the outcome may be less favorable than they desire. At this time the City has been infonned by ABET they will leave Adele Grage if the contract continues with First Act and First Act has retained an Attorney for their cause. City Manager Gerrity stated that both groups are comprised of wonderful people and both groups provide an impressive service to this Community, which was eloquently communicated by several young people tonight. A compromise has not been reached. City Manager Gerrity read the proposed guidelines to enter into contracts with ABET and First Act, as listed in Attachment A. Timmy Johnson, Recreation Depmiment Director, was available for any questions. Mayor Glasser spoke about the workshop held on behalf of these two organizations, their programs, and their issues. She stated that the City values both equally. Commissioner Kelly spoke about having this same discussion in October Her question to Mr. Johnson was how many requests for using the Adele Grage theatre are turned down due to current schedule? Mr. Johnson replied less than 10 requests are turned down per year. Commissioner Kelly asked if RFPs were considered for leasing space? Mr. Johnson replied they did not use the RFP system. Mayor Glasser asked Mr. Johnson to describe what it has been like to manage the theatre schedule? Mr. Johnson replied it has been very difficult and challenging with ABET and First Act this past year, but smooth with other groups/residents who use it. Mr. Johnson advised he has spoken with Atlantic Beach Elementary and Vineyard Church and they are both willing to offer their facilities for use by organizations. Mayor Glasser inquired if CARAC had an opportunity to see or provide input with the proposed contract guidelines? Mr. Johnson replied they looked at it but preferred the Commission handle it. Commissioner Waters requested a breakdown of use by ABET, First Act, and any other users over the past year. Mr. Johnson replied First Act uses it 2 to 3 days a week. ABET uses it 5 days a week. Mr. Johnson stated approximately 40 to 50 times during the year Adele Grage is used by other entities. Commissioner Kelly asked what prope1iy belongs to ABET and what property will be covered by the pending grant? It was noted that the stage, with lights and sound, and the current seats belong to ABET, 5

8 January 8, 2018 MINUTES-REGULAR COMMISSION MEETING Agenda Item 1A along with their props and costumes. Mr. Johnson replied the pending grant will cover the stage remodel, additional chairs, the sound system, lights, and storage room. City Attomey Durden requested clarification of what property goes with the building and what property would be removed if ABET is no longer using the theatre. Mr. Johnson stated if ABET left, the City would need a stage, chairs, sound system, and lights. City Attomey Durden stated she needs to review the contract language pe1iaining to equipment and fixtures. There was continued discussion about the use of the current equipment and fixtures, about the grant applicaiton status, and building remodel/maintenance. Mayor Glasser commented that it is the City's job to manage the contract, not the Commission's, and staff is looking for our input only. Commissioner Non-is stated she has met with both groups, attended workshops, received multiple s, and agrees both organizations are great cultural assets to Atlantic Beach. She stated she is in favor of the proposed guidelines submitted by the City Manager. Commissioner Stinson spoke about the attempted mediation between the two organizations that started approximately one year ago. The City wants both organizations to be here and needs them to work together to do so. Mr. Stinson stated he suppmis the proposed guidelines submitted by the City Manager. Commissioner Waters stated both groups are cultural assets and institutions to our community. Ms. Waters stated she suppmis the proposed guidelines submitted by the City Manager. It is up to both of these groups to make it work. Commissioner Kelly spoke about the 'Message from the Mayor' in this month's water bill. The message states 'The goal ofthe City is a safe, family oriented community. We promote Art, Culture, History, and Recreation, and promote inclusiveness through neighborhood connections.' Ms. Kelly stated we need these two groups to work together to fulfill the goal. Mayor Glasser stated that neither group has a contract now and we need to move forward. She thanked City Manager Gerrity and supports the proposed guidelines. Mayor Glasser agrees with all the statements about both organizations bringing value to our community. She also spoke about this situation creating the need to review the management and use of all City facilities. City Manager Gerrity acknowledged consensus from the Commission to use the proposed guidelines. Commissioner Non-is stated she would like to see children's programs in other community centers in Atlantic Beach. B. Discussion on Regulating the Retail Sales of Pets Commissioner Stinson addressed the Commission on the proposed ordinance to regulate the retail sales of pets. He spoke about regulating these types of businesses. Commissioner Stinson displayed a video, that is produced by the Humane Society of United States and the United States Depmiment of Agriculture. This video talks about puppy mills and their impact on pet/adoption/rescue centers. 6

9 January 8, 2018 MINUTES-REGULAR COMMISSION MEETING Agenda Item 1A At the last meeting during the first discussion there was consensus to move this forward to have an ordinance. Commissioner Stinson wanted to continue discussion to see if there are other ways to regulate this issue to stop access to pets that come from these types of mills. Commissioner Nonis spoke about the probability of expanding the ordinance to include other animals mills, i.e. birds, cats, etc. Commissioner Waters spoke about the difficulty of regulating on-line sales of animals, where a lot of these sales take place. She stated that rural areas also have a lot of puppy mills. Ms. Waters spoke about the difficulty in tracking and tracing parental lineage. City Attorney Durden addressed the Commission stating she has drafted an ordinance but she has some questions. In the example ordinances provided, it talks about the number of litters per year or the number of puppies/kittens per year. Ms. Durden asked does the City want the language to read up to two litters or up to twenty puppies/kittens per year? City Attorney Durden spoke about the insertion of the Dangerous Dog Ordinance in Chapter 4, in a new Section 16. Also, in Chapter 2, Section of the cunent code, Enforcement for the Dangerous Dog is by Special Magistrate. Ms. Durden recommends the Special Magistrate enforce this ordinance for Regulating the Retail Sales of Pets. Inspection and enforcement is by Animal Control in the Police Department. City Attorney Durden requested permission to speak to Commissioner Waters, as a Professional Veterinarian, about specifics and language. There were no objections to this request. There was a brief discussion about the Special Magistrate and if there was a cunent contract. City Attorney Durden stated the draft ordinance that she is working on follows with those of Neptune Beach and Jacksonville Beach. She asked the Commission if they want an example ordinance for review at the next meeting or do they want an ordinance for the first reading? Mayor Glasser stated she thinks the Commission is ready for an ordinance for the first reading and she asked the City Manager to communicate with the City Attorney regarding enforcement. There was a brief discussion about the language specifying the retail sales of dogs and cats, not just pets. CONSENSUS: To move this forward to have an ordinance for first reading regulating the retail sales of dogs and cats. 9. City Manager A. City Manager's Report City Manager Genity reminded the Commissioners of their assignment due this Wednesday. This is for the scheduled Vision/Goals/Priorities Session on Friday at 9:00 AM at Adele Grage. This will be a Facebook Live presentation and the theme is 'Keep It Real'. Mr. Genity reported Public Works is finishing the storm damage clean-up of Johansen Park. Howell Park will be next on the schedule for clean-up. As cold as it was this past Friday evening, the City Manager stated a Pubic Works crew was dispatched at 9:30PM and he commended their effmis for working through the whole night to fix and replace a water 7

10 January 8, 2018 break on 5th Street. MINUTES-REGULAR COMMISSION MEETING Agenda Item 1A Mr. Gerrity spoke about the City website, noting improvements are ongoing and expect completion by the end of March. City Manager Gerrity stated there will be a new Community Development Director starting in two weeks with Atlantic Beach. His name is Shane Corbin and served as the Zoning Director for Savannah, GA. B. Accept the 90-Day Calendar (January 2018 through March 2018). CONSENSUS: To accept the 90-day calendar. 10. Reports and/or requests from City Commissioners and City Attorney Commissioner Stinson Appreciated the support for the puppy mill ordinance. Thanked the Public Works Depmiment for working through that cold night. Stated he is working on a proposal for the Environmental Stewardship Committee (ESC) to have oversight of the Tree Mitigation Fund. Suggested having more discussion about the term of office for Mayor being 2 years instead of 4 years. Spoke about surveying construction sites prior to pouring foundations. Spoke about the house under construction and possible safety issues that is next to Adele Grage. Commissioner Waters Spoke about the Proclamation and Commemoration for Dr. Martin Luther King and that it is part of American history. Spoke about the house next to Adele Grage, noting the excessive amount of time under construction and the appearance being an eyesore. Commissioner Kelly Stated her resolution is to be more involved and to communicate with and monitor our Representatives in the State Legislature. Commissioner Norris Stated she is looking forward to the Vision Session on Friday. Spoke about attending the ESC meeting last month. City Attorney Durden Spoke about the State Legislature going into session tomorrow. She stated she plans to do the same as Commissioner Kelly. Spoke about the Florida League of Cities website. Mayor Glasser Expressed her gratitude for all the hard work from this Commission and from Staff. Stated she will deliver her first 'State of Atlantic Beach' speech this week to the Jacksonville Chamber of Commerce. Spoke about the house next to Adele Grage. Spoke about the success of the Holiday Toy Drive give-away. 8

11 January 8, 2018 MINUTES-REGULAR COMMISSION MEETING Agenda Item 1A Talked about involvement with our Military community. Spoke about the Heritage Tree designation last month. Spoke about the Joint Training Exercise hosted by Chief Cook and our Police Department. Talked about Mayport Road and lowering the speed limit. City Manager Genity stated the safety study is not complete per Representative Cord Byrd. City Clerk Bartle Stated the Agenda packet link is posted on the Calendar Items on the City website. Adjournment There being no fmiher discussion, Mayor Glasser declared the meeting adjourned at 934 PM. ATTEST: Ellen Glasser Mayor/Presiding Officer Donna L. Bartle, CMC City Clerk DLB/njp 9

12 ATTACHMENT A January 8, 2018 Minutes Agenda Item 1A Summary of Adele Grage Cultural Center Theatre Usage Issues January 2018 Background The Cultural Arts and Recreation Department manages the Adele Grage Cultural Center, balancing the interests of our residents, the organizations and individuals utilizing the theatre, and theatre patrons. The City allows the entire community to utilize the center; non profits receive a discounted rental rate of $25- per-day. Historically, Atlantic Beach Experimental Theatre (ABET) has been afforded priority usage of the theatrewith some parameters- at a rate of $200 per year. That scenario changed in October 2016 when the City Commission awarded First Act a contract to also use the theatre at the $200-per-year rate. The outcome of that coexistence has been disastrous, according to ABET and Cultural Arts and Recreation Director Timmy Johnson. The two organizations have been strongly encouraged by the City Commission and City management to work out their differences. They were informed that if the two groups do not reach a compromise regarding the coexisting use of Adele Grage, the outcome may be less favorable than either group desires. The two organizations have since communicated; however, an accord was not reached. Now, ABET has informed the City of Atlantic Beach that ABET "will look at leaving" Adele Grage if the City continues to contract with First Act for utilization of the theatre. Guidelines Moving Forward The City is willing to enter into contracts with ABET and First Act utilizing the following guidelines (among others yet-to-be-determined): Henceforth, the City will collect the requisite nonprofit fee ($25-per-day) for theatre usage. Both organizations also have access to the Gail Baker Community Center, depending on availability, at the discounted rental rate. Funding provided by ABET or First Act through grant matches to renovate or otherwise improve the Adele Grage Cultural Center may be credited toward the theatre usage fee. ABET will be afforded priority usage of the theatre from September 1 through May 31, not to exceed 21 days in any month. First Act and other organizations and individuals may use the theatre when it is not reserved by ABET. First Act will be afforded priority usage of the theatre from June 1 through Aug. 31, not to exceed 21 days in any month. ABET and other organizations and individuals may use the theatre when it is not reserved by First Act. Stage set construction shall not commence more than 14 days in advance of each production. The Cultural Arts and Recreation Director shall govern the Adele Grage usage schedule and determine the deadline for making reservations for priority usage of the theatre. The Cultural Arts and Recreation Advisory Committee will be asked to review the Adele Grage usage fee structure.

13 CITY OF ATLANTIC BEACH CITY COMMISSION MEETING JANUARY 22, :30PM MINUTES Agenda Item 1B IN ATTENDANCE Mayor Ellen Glasser Commissioner Candace Kelly Commissioner Brittany Norris Commissioner John Stinson Commissioner M. Blythe Waters City Attorney Brenna Durden City Manager Joe Gerrity City Clerk Donna Bartle Recording Secretary Nancy Pyatte Invocation and pledge to the flag Mayor Glasser announced Commissioner Norris will introduce the person who will do the invocation. Commissioner Norris introduced Mr. Wells Todd and stated she considers him to be a modem civil rights leader and invited him to lead the meeting. This was followed by the Pledge of Allegiance to the Flag. Call to order Mayor Glasser called the meeting to order at 6:35PM. City Clerk Bmile called the roll and Mayor Glasser noted that a quorum was present. Mayor Glasser acknowledged the Jacksonville Jaguars and thanked them for a great season. 1. Approval of minutes A. Minutes of the regular Commission Meeting on December 11, There were no corrections to the minutes. Mayor Glasser stated the minutes stand as submitted. 2. Courtesy of floor to visitors Mayor Glasser welcomed former Mayor Mitch Reeves and Representative Cord Byrd's office representative. Mayor Glasser acknowledged attendance of the new Community Development Director Shane Corbin. City Manager Genity provided a brief introduction of his background and experience. Mayor Glasser opened Comiesy of the Floor and explained the process for public comments. City Clerk Bartle stated there was one speaker request: Mitch Reeves, spoke about agenda item 8E Rules of Conduct and Procedure at meetings, and spoke about making changes, about communicating with citizens, and about transparency. Mayor Glasser closed Courtesy of the Floor. 3. Unfinished business from previous meetings None. 1

14 January 22, 2018 REGULAR COMMISSION MEETING Agenda Item 1B 4. Consent Agenda ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED TO BE ROUTINE BY THE CITY COMMISSION AND WILL BE ENACTED BY ONE MOTION IN THE FORM LISTED BELOW. THERE WILL BE NO SEPARATE DISCUSSION OF THESE ITEMS. IF DISCUSSION IS DESIRED, THAT ITEM WILL BE REMOVED FROM THE CONSENT AGENDA AND WILL BE CONSIDERED SEPARATELY. SUPPORTING DOCUMENTATION AND STAFF RECOMMENDATIONS HAVE BEEN PREVIOUSLY SUBMITTED TO THE CITY COMMISSION ON THESE ITEMS. Mayor Glasser read the consent agenda into the record. A. Acknowledge receipt of the Building Department Monthly Activity Repmi for December 2017 and Monthly Financial Repmis for November and December B. Approve the contribution request as recommended by the Cultural Arts and Recreation Advisory Committee. C. Declare this list of prope1iy as surplus so that the items on it may be disposed of in the most beneficial way to the City. Motion: To approve Consent Agenda items A, B, and C as read. Moved by Waters, Seconded by Norris Roll call votes: Aye: 5 Kelly, Norris, Stinson, Waters, Glasser Nay: 0 MOTION CARRIED 5. Committee Reports A. Environmental Stewardship Committee (ESC) report on Beaches Town Center landscaping project. Bruce Andrews, ESC Vice Chairman, addressed the Commission. As detailed in the agenda memo, he presented a summary of the ESC meetings held December 13, 2017 and January 10, 2018, wherein they addressed the proposed landscaping renovation at the Beaches Town Center. The total estimated cost is $130,000 and the City of Atlantic Beach is requested to contribute one third, with the remaining amount coming from the City of Neptune Beach (1/3) and the Beaches Town Center Agency (1/3). It was noted that Atlantic Beach prope1iy occupies less than one third of the Town Center. The proposed plan is to replace all the existing plants in Town Center public areas, install new irrigation, some hardscaping, i.e. retaining walls, large coquina boulders and ground rock cover. Mr. Andrews stated the plan includes a large, multi-trunk palm and surrounding freeze/weather tolerant plants to be planted in the circle at the end of Atlantic Blvd. The planting of the multi-trunk palm may preclude having the traditional holiday tree, and there are concerns it could be viewed negatively by the citizens. The ESC feels, if this becomes an issue, it should be addressed by Staff or Commission. Mayor Glasser stated this can be addressed later in this meeting by City Manager Gerrity. 2

15 January 22, Action on Resolutions A. Resolution No REGULAR COMMISSION MEETING Agenda Item 1B A RESOLUTION OF THE CITY OF ATLANTIC BEACH AUTHORIZING THE EXPENDITURE OF AN AMOUNT NOT TO EXCEED $43,334 FOR BEACHES TOWN CENTER LANDSCAPING; APPROPRIATING $20,000 FROM THE PUBLIC WORKS DEPARTMENT STREET DIVISION ACCOUNT AND $23,334 FROM THE CITY'S CONVENTION DEVELOPMENT TAX ACCOUNT FOR THIS PURPOSE; AUTHORIZING THE CITY MANAGER TO EXECUTE ANY NECESSARY CONTRACTS AS NECESSARY TO EFFECTUATE THE PROVISIONS OF THIS RESOLUTION; AND PROVIDING AN EFFECTIVE DATE. Mayor Glasser read the Resolution by title. City Manager Gerrity explained there is $20,000 allocated in the Public Works budget for anticipated landscaping and the balance will be allocated from the Convention Development Tax account. He asked the Commission to approve this proposed project to participate with Neptune Beach and Town Center. There were inquiries from the Commission about the maintenance, about the new plantings being suitable for this area/weather, about the one-third cost share, about the reasoning for complete plant removal/ replanting and landscape redesign, about the rocks, and about the multi-trunk palm being adaptable to the area/weather. City Manager Gerrity stated the City maintains the medians (and will continue) on Atlantic Blvd. and splits the landscaping costs at the flyover with Neptune Beach. Moving forward Neptune Beach will be responsible for the maintenance at Town Center. The Town Center Agency states the Town Center is old, not well maintained, and in need of a new look. Sarah Dark, ESC, responded and confirmed all the plant species are appropriate for our weather/environment. It was confi1med the multi-trunk palm will be a Sylvester Palm, which is displayed in the proposal from Rockaway Landscape Design. Motion: To adopt Resolution No authorizing the expenditure of an amount not to exceed $43,334 for Beaches Town Center Landscaping; appropriating $20,000 from the Public Works Department Street Division Account and $23,334 from the City's Convention Development Tax Account for this purpose; authorizing the City Manager to execute any necessary contracts as necessary to effectuate the provisions of this Resolution; and providing an effective date. Moved by Waters, Seconded by Kelly Commissioner Norris thanked the ESC for an excellent job with this proposal. Ms. Norris expressed her only concern is about removal of the Christmas Tree. Commissioner Stinson expressed his concern about removal of the Christmas Tree. He spoke about repurposing some of the removed landscape and inquired about the landscape maintenance for Town Center. City Manager Genity stated their will be a new landscape maintenance company for Town Center. Commissioner Waters spoke about the landscaping needing improvement. She stated there can be a palm tree lighting for the holidays. Ms. Waters stated she suppmis the partnership with Neptune Beach and Town Center to refresh this area. 3

16 January 22, 2018 REGULAR COMMISSION MEETING Agenda Item 1B Commissioner Kelly expressed appreciation for the ESC and this proposal. She thanked the City Manager for providing the budget sources. She spoke about repurposing the removed plants and using elsewhere. Mayor Glasser commended the ESC for their action on this. She spoke about the partnership of Atlantic Beach, Neptune Beach, and Town Center for this area and is pleased there will be a new landscape maintenance company. Ms. Glasser stated the holiday tradition can continue, now with a Christmas Palm Tree lighting. Discussion continued about the maintenance and if that is also a three way split for costs, the possibility for merchants to participate, Town Center wanting to upgrade, and new irrigation costs in the proposal. There were some unanswered questions about identifying what plants can be repurposed and verification of improvements with new watering resources. Motion: To defer action on adopting Resolution No to to allow time for answers to final questions. Moved by Stinson, Seconded by Nonis Mayor Glasser questioned City Attorney Durden, asking if it is appropriate to call on an expeti in the audience to answer these questions? Ms. Durden responded yes. Mayor Glasser called on Joshua Messenger to address the Commission. Joshua Messenger, 220 Hopkins St., Neptune Beach, addressed the Commission stating he has been involved with this from the beginning. He explained the current irrigation system is in disrepair, causing a lot of waste. The new system will have drip irrigation and low flow fixtures which have less water evaporation, less waste, and less water usage. He stated the plants are appropriate for the area and noted that Rockaway has agreed to do the design work for free. Mr. Messenger spoke about the plants and saving what is healthy to repurpose. He stated to install new irrigation they have to rip out all plant beds. Also, conduit for lighting will be installed under the new plantings and be ready when funding is available at a later date. There was a brief discussion about the water source and location of wells. Commissioner Stinson withdrew his motion. Commissioner Norris withdrew her second. Roll Call Votes: Aye: 5 Norris, Stinson, Waters, Kelly, Glasser Nay: 0 MOTION CARRIED 7. Action on Ordinances None. 8. Miscellaneous Business A. Public Hearing- UBEX Request for a use-by-exception as petmitted by Section ( c )(3), to allow on-premises consumption of alcoholic beverages in accordance with Chapter 3 of the code at 461 Atlantic Boulevard. Mayor Glasser read the request. 4

17 January 22,2018 REGULAR COMMISSION MEETING Agenda Item 1B Planner Derek Reeves addressed the Commission, stating this application is to allow for the sale of liquor for on-premises consumption for a new restaurant located on Atlantic Blvd. and Sturdivant Ave. Mr. Reeves refened to the drawings and site plan on display explaining this is new construction on an existing vacant lot for a proposed 150 seat BBQ restaurant serving beer, wine, and liquor. He stated this will be the only full service restaurant with on-premises services between Town Center and Sailfish Dr. in Atlantic Beach. The Community Development Board (CDB) had this application before them on January 16, 2018 and they voted to recommend approval of this use-by-exception which is now before the Commission for consideration. The applicant's Attorney, Steve Diebenow, took the floor to address the Commission. Mr. Diebenow stated the CDB also approved a parking variance application in addition to the use-by-exception application. He stated the application meets all the requirements as per the Code and Mr. Diebenow displayed renderings of the proposed restaurant that showed the exterior elevation and the interior design. Public Hearing Mayor Glasser opened the Public Hearing. There were no speakers and Mayor Glasser closed the Public Hearing. Mayor Glasser requested the Commission to give any disclosures of ex pmie communication pe1iaining to this application. Commissioner Stinson stated he knows a couple of the applicants and one of their representatives, and has been aware of the proposed project. He stated his only conversations with them have been to let them know who they should contact in the City regarding their plans. There were no additional reports of ex parte communication. Commissioner Norris stated she received s from citizens who reported there was incorrect infonnation submitted for the parking variance, stating the church should not be considered for parking spaces for this restaurant. Planner Reeves said he also heard that. He stated there are other prope1iies included in the parking variance request for providing a shared parking agreement for off-site parking in connection with the Town Center Agency (TCA). One is the fmmer Kmart shopping center, and when that prope1iy gets developed the TCA has committed to tracking their parking. Planner Reeves explained that in the event that full parking for the 150 seat restaurant is no longer available to the restaurant, the restaurant will be required to remove seating to comply based on the number of parking spaces available to them. Their seating count could also affect the type of state alcohol license issued. Discussion ensued inquiring how the TCA will track parking. Planner Reeves spoke about the affidavit submitted by the applicant for the parking variance application that identifies all available parking, who they have commitments with, and the number of spaces left daily. Mr. Reeves stated there are at least 177 parking spaces available. Commissioner Waters inquired about the shared parking agreement, the use of valet services, and the 600 ft. distance for off-site parking. Planner Reeves referred to the map on display to confi1m the 600 ft. distance and the parking variance approved by the CD B. Commissioner Kelly had questions about the liquor license being dependent upon parking, and the parking being dependent upon the church and fmmer Kmart shopping center. Ms. Kelly asked what the parking plan is in the event the church or Kmmi lots were no longer available. 5

18 January 22,2018 REGULAR COMMISSION MEETING Agenda Item 1B City Attorney Durden addressed the Commission to provide clarification about the variance approved by the CDB which was to allow for off-site parking within 600ft. of the restaurant. If the off-site parking was within 400 ft. then no variance would be required. Ms. Durden stated that the applicant identified the four sites located within 600ft. are the Community Presbyterian Church, an adjacent office building, the former Kmart shopping center, and the Amerus Bank. City Attorney Durden explained the variance was approved and is final, unless there is an appeal as per the Code. Ms. Durden stated the CDB can make a recommendation to the Commission for a use-by-exception, which is before you, to allow for the sale of liquor for on-premises consumption. Commissioner Stinson asked how many spaces are confi1med at the church and the adjacent office, and if there is a time limitation, and what the hours of operation are for the restaurant. Planner Reeves responded there are 60 to 120 spaces at the church, dependent on the day and time, 15 spaces at the office and use is limited to weekdays after 6:00PM, more hours on weekends. The restaurant is open for lunch and dinner service. Mayor Glasser stated she also received s questioning if the TCA has access and control of parking at the Community Presbyterian Church. Ms. Glasser inquired about code restrictions for crossing mierial roads for accessing off-site restaurant parking. Planner Reeves responded there are no restrictions. The use of valet service and/or Beachside Buggies moving people across the street is not violating the code. Mayor Glasser expressed concerns about the agreements made for parking. City Attorney Durden explained the approved variance allows the applicant to choose fi:om the four identified parking locations where the parking can occur. City Staff will negotiate a final agreement with the applicant specifying the four locations, and that off-site parking will be at one or more of the four locations, and that the applicant is obligated to immediately advise the City of any changes to the parking. Ms. Durden stated this agreement will include the provisions of the variance granted by the CDB. City Attorney Durden fmiher explained the need for the number of parking spaces is based on the restaurant seating, and their State alcohol license to serve liquor requires a minimum seating number. Failure to comply with the City and/or the State will affect the restaurant operation. Motion: To approve Use-by-Exception UBEX as read by title, per Section 24-lll(c)(3) to allow On-Premises Consumption of Alcoholic Beverages in accordance with Chapter 3 of the Code at 461 Atlantic Blvd. Moved by Stinson, Seconded by Norris Discussion ensued about the alcohol service being in line with the operation of the restaurant and about the challenging parking issues in Atlantic Beach. It was noted the CDB is satisfied and granted the parking variance and, in addition, City Staff will negotiate a final agreement with the applicant specifying the four locations for off-site parking. There was agreement that alcohol service will not be detrimental to the sunounding businesses. Roll Call Votes: Aye: 5 Stinson, Waters, Kelly, Norris, Glasser Nay: 0 MOTION CARRIED B. Public Hearing- WAIV Request for a waiver as permitted by Section 24-46( d) to waive the prohibition of pawn shops within the Commercial Limited zoning district as required by Section 24-llO(a) at 1487 Maypmi Road. 6

19 January 22,2018 REGULAR COMMISSION MEETING Agenda Item 1B Mayor Glasser read the request. Planner Derek Reeves addressed the Commission, stating this application is to allow a pawn shop located at 1487 Mayport Rd., in the existing Maypmi Square shopping center (B & K Properties), which is pmi of the Maypmi Business Overlay District. Mr. Reeves stated this business has a State of Florida pawn broker license and is cmrently operating in Jacksonville Beach and looking to relocate to Atlantic Beach. He refened to the drawings and site plan on display showing the location and that it is in the Commercial Limited (CL) zoning district. Mr. Reeves stated the business is strictly a retail jewelry and pawn shop and does not deal with weapons/guns, and he stated their hours of operation. There are two other pawn shops in Atlantic Beach. Public Hearing Mayor Glasser opened the Public Hearing. City Clerk Bartle called the speakers: Sally Harper spoke in favor of this application. Ms. Harper stated she is the owner of the proposed pawn shop, AlA Prestige Jewelry and Pawn. Kelly Erhayel, representing Maypmi Square shopping center, spoke in favor of this application. She also spoke about a negative Face book posting that refened to this area as 'undesirable'. Mike Townsend spoke in opposition to this application and suggested the business just open as a retail jewelry store. Mayor Glasser closed the Public Hearing. Motion: To deny WAIV as read, to waive the Prohibition of Pawn Shops within the Commercial Limited Zoning District as required per Section 24-llO(a) at 1487 Mayport Rd. Moved by Waters, Seconded by Norris Commissioner Kelly inquired if this application went before the CD B. Planner Reeves responded that the CDB does not receive requests for waivers. Commissioner Nonis stated she lives in and represents this district in Atlantic Beach. She spoke about the perception problem in this area and acknowledged everyone, residents and businesses, works hard to make improvements. Ms. Nonis stated she suppmis the current code prohibiting this type of business in this location. Commissioner Stinson spoke positively abput current growth in the shopping center and that no tenants are protesting this prospective business. He acknowledged this is a tough decision but stated it is important to uphold the City's code. Commissioner Waters spoke about the City code and that it does not state how a pawn shop can look on the outside and most have bars on windows, neon lighting, etc. Ms. Waters stated she suppmis the cunent code prohibiting this type of business in this location. Mayor Glasser spoke about using restraint on social media and that it disturbed her to hear there were negative social media comments made pertaining to this request. Ms. Glasser stated the code provisions do not allow pawn shops in this zoning district and this application does not meet the specific criteria set out to consider a waiver. 7

20 January 22,2018 REGULAR COMMISSION MEETING Agenda Item 1B A brief discussion ensued about studies conducted on pawn shops and the results showed no causality between pawn shops and crime. Roll Call Votes: Aye: 5 Waters, Kelly, Norris, Stinson, Glasser Nay: 0 MOTION CARRIED (to deny) C. Appointment to the Board Member Review Committee Mayor Glasser addressed the Commission and provided background stating the purpose of this committee is to fill vacancies on the various citizen committees. A vacancy was created when Commissioner Kelly was elected to the Commission; she was previously on this committee. Candidates were interviewed and it is recommended to appoint Kenneth Reeves to serve for the term beginning January 26, 2018 to January 25,2020. Kenneth Reeves addressed the Commission and provided a brief history of his life in Atlantic Beach. He thanked everyone for this opportunity, stating he will fulfill the goals and objectives of the Board Member Review Committee. Motion: To appoint Kenneth Reeves to the Board Member Review Committee for a term as stated. Moved by Stinson, Seconded by Norris Congratulations were extended to Mr. Reeves by the Commission. Roll Call Votes: Aye: 5 Kelly, Norris, Stinson, Waters, Glasser Nay: 0 MOTION CARRIED D. Restriction of Tree Mitigation Funds Collected from Tree Removal Permitting (discussion) Commissioner Stinson addressed the Commission about the Tree Mitigation Fund (Tree Fund) and his recommendation to have the Environmental Stewardship Committee (ESC), including the Tree Subcommittee, have oversight of proposed expenditures of the Tree Fund. As detailed in his memo, he reviewed the Finance Depmiment audit of expenditures of the Tree Fund and the description of those expenditures. Mr. Stinson reviewed and spoke about the Tree Study done in Commissioner Waters inquired if the ESC would be provided guidance for use of the funds, i.e tree canopy maintenance, arborist services, etc. Commissioner Stinson stated the ESC could provide suggestions for use of the Tree Fund. Commissioner Norris stated this was a creative idea. Commissioner Kelly stated it could be an option for the Tree Committee to oversee the Tree Fund. She is in favor of a volunteer citizen committee being involved with the tree ordinance but not for them to oversee the Tree Fund. Commissioner Kelly inquired if there was staff assigned to oversee the tree ordinance. City Manager Genity responded that Planner Derek Reeves oversees the tree ordinance now, and this will move to the new Director of Community Development. 8

21 January 22, 2018 REGULAR COMMISSION MEETING Agenda Item 1B Mayor Glasser stated she is comfortable with the ESC providing recommendations to the Commission for uses of the Tree Fund. The ESC is an advisory committee, not a regulatory committee. City Attorney Durden spoke about required changes to the ordinance in order to add provisions for how the Tree Fund could be used. Not only would this provide clarity in the code regarding these funds, it will allow for these funds to become a budgeted line item. Then the ESC could make recommendations to Staff for proposed uses and budgeting. Planner Reeves read from the code where it states how the Tree Fund can be used and distributed, as designated by the City Commission and following the City's purchasing procedures. Mr. Reeves then read the listed definitions for how the Tree Fund can be used. Commissioner Stinson inquired if the City planted trees behind the Dollar Tree using the Tree Fund. Mr. Reeves responded the Commission approved this in 2016, authorizing a grant application from the Forestry Program, for planting trees on public roadways, not specifically for the Dollar Tree. Commissioner Stinson continued to speak about setting parameters for staff and the ESC to follow, working together for recommendations for use of the Tree Fund, and improving transparency. City Manager Gerrity explained that, going forward, when spending from the Tree Fund it will be in the budget and will come before the Commission for permission. CONSENSUS: Ask the ESC for their recommendation. Mayor Glasser called for a recess at 9:11 PM. The meeting reconvened at 9:19PM. E. Sec Rules of conduct and procedure at meetings. (discussion) In this section, Rule 7 addresses the order of business at the meetings. Mayor Glasser spoke about making changes to the order of agenda, the workshop where this was discussed, and that changes have been tried at a few meetings. Mayor Glasser stated one of her goals was to include and involve the City Manager at the beginning instead of at the end of the meetings. Another goal was to hear from Commissioners at the beginning instead of the end of the meetings. Mayor Glasser stated her research on changing the order of the agenda revealed it can be done with the agreement of the Commission, or it can be done by a motion and a vote. Also her research revealed, due to the Sunshine Laws, it is beneficial to have Commissioners heard early in the meetings when there is full attendance by our citizens, as opposed to later in the evening. Mayor Glasser stated it has never been her intention to obstruct transparency, only to provide information to the people we represent. Mayor Glasser stated her recommendation is to adjust Sec to allow the Commission to set the order of business, subject to the approval of the Commission, to place City Manager repmis and repmis of the City Commissioners to follow Courtesy of the floor. City Manager Genity expressed his frustration with the order of the agenda. Commissioner Waters stated she agrees with the proposal to move City Manager repmis and reports of the City Commissioners to follow Courtesy of the floor. Her question was to the process used to achieve this - should it be done at each meeting or done by a rule change in the ordinance. Mayor Glasser commented that the process needs to be simple and flexible. Commissioner Stinson expressed opposition to changing the agenda order, allowing only three minutes for 9

22 January 22,2018 REGULAR COMMISSION MEETING Agenda Item 1B speakers during Courtesy of the floor, and stopping the meetings at 10:00 PM with the carryover of unfinished business. Mr. Stinson stated the public is allowed the opportunity to speak on each agenda item that requires action by the Commission. Mayor Glasser clarified that a deadline for meeting times and a time allowed for public comment are not addressed in Sec in the Rules. City Attorney Durden addressed the Commission about proposing changes to Rule 7 in order to provide the maximum flexibility, but still having an order established for the agenda. She suggested doing both of the following simultaneously: 1) Change to the ordinance by adding language that would indicate the order is set periodically by the Commission by resolution, and 2) Have a resolution establishing the order of the agenda. She commented about the importance of having the City Manager and City Clerk advise and make recommendations about the order. Discussion ensued and City Attorney Durden summarized her understanding of the discussion since she would be the one drafting the documents. Mayor Glasser asked for consensus. CONSENSUS: To direct the City Attorney to draft the changes needed for moving the City Manager Reports and Reports from City Commissioners to after Courtesy of the Floor, leaving the City Attorney Reports at the end, and allowing an opportunity for closing comments. 9. City Manager A. City Manager's Repmi City Manager Gerrity stated the Selva Preserve Plat will be on the agenda for discussion. Mr. Gerrity spoke about the proposed BBQ restaurant and parking issues discussed previously. He stated that he has heard there is no parking agreement with the Presbyterian Church and the Town Center. Regarding the fallen trees in Shermans Creek from the 2016 and 2017 hurricanes, the City Manager stated correspondence has been sent to homeowners advising that the City is in the process of removing the trees and cleaning up the area. The letters are letting the residents know we will need to access their prope1iy. City Manager Gerrity reported a letter has been sent to the owner of the blue house about addressing the construction issues (next to Adele Grage Center). Mr. Gerrity stated there have been major plumbing issues at the Adele Grage Center. Work is underway. He stated the Town Hall meeting will be on Saturday, January 27, 2018 at 10:00 AM, in the Commission Chamber. City Manager Gerrity expressed his thanks to Planner Derek Reeves for the work he has done and continues to do for the City. He is very knowledgeable and will be a big help to the new Community Development Director, Shane Corbin. City Manager Gerrity asked for the ESC to look into tree planting practices. Deputy City Manager Hogencamp will follow up on this request. B. Accept the 90-Day Calendar (February 2018 through April2018). 10

23 January 22, 2018 REGULAR COMMISSION MEETING Agenda Item 1B City Clerk Bartle inquired if there will be a February Roundtable meeting on February 9, 2018, at 1:00PM. Mayor Glasser responded yes and spoke about the concerns about the scheduled time. She asked for patience while trying to coordinate everyone's busy schedules. With the exception of Commissioner Stinson, the Mayor and Commissioners confirmed they will be in attendance at that meeting. CONSENSUS: To accept the 90-Day Calendar as submitted. 10. Reports and/or requests from City Commissioners and City Attorney Commissioner Norris Addressed the comment about the negative posting on a FB page. Commissioner Stinson Requested the City Manager share the resume of the Community Development Director, Mr. Shane Corbin. City Manager Gerrity stated he will forward a copy to the Commissioners. Stated he enjoyed hearing about the Institute of Elected Municipal Officials conference attended by fellow Commissioners Commissioner Waters Welcomed the new Community Development Director, Mr. Shane Corbin. Spoke about the Continental Hotel Event Historical Marker. Commissioner Kelly Spoke about the League of Cities training, stating it was very informative. Spoke about the Martin Luther King Day celebration and awards presented. Stated she will be attending Legislative Days next week in Tallahassee. Stated when she is watching live-streamed City meetings at home she cannot see what is on the TV screens, only the picture below. Spoke about the accomplishments made at the City's goal setting exercise and inquired what was next. City Manager Gerrity responded that Kevin Hogencamp is preparing a summary to make available. Mr. Gerrity stated there are plans for a laminated poster to be on display in the Chamber listing the goals. Mayor Glasser Stated that the camera does not capture Commissioner Stinson. Thanked Commissioner Waters for mentioning the Continental Hotel event. Commented that the goal planning session was very productive. Spoke about the Martin Luther King Day celebratio'n, and recognition for Recreation Director Timmy Johnson and the work he has done. City Attorney Durden 1 OA. Appeal petition submitted by Lori Gaglione City Attorney Durden stated that a hearing needs to be scheduled by the City Commission at a time specific, prior to a regularly scheduled Commission meeting. To ensure a quorum, Ms. Durden requested 11

24 January 22, 2018 REGULAR COMMISSION MEETING Agenda Item 1B availability confirmation for either the February 12th or the February 26th meeting dates, at 4:30PM or 5:00 PM, taking at least one hour. This hearing is for an appeal of a variance, a request for a six ft. fence instead of the allowed four ft. fence. Spoke about the upcoming Town Hall meeting. She will present a draft ordinance for medical marijuana and a draft ordinance for automotive service that will need an extension. Spoke about the revisions to Sec , the notices of hearings and signs for land use hearings. The CDB reviewed and made some suggestions and it will go back to the CDB in February for final recommendations. Spoke about the FLOC materials received at the conference and stated the City Clerk will make copies for staff. Extended her thanks to Planner Derek Reeves for his work and welcomed the new Community Development Director, Shane Corbin. Extended her thanks to Commissioner Waters for her help on the draft ordinance for retail pets and provided copies to the Commission. Spoke about the Legislature and provided copies of the FLOC report to the Commission. Stated she will be working on the Comp Plan and LDR Rewrite with Shane Corbin and Derek Reeves in order to provide an update to the Commission. Adjournment There being no further discussion, Mayor Glasser declared the meeting adjourned at 10:10 PM. ATTEST: Ellen Glasser Mayor, Presiding Officer Donna L. Bartle, CMC City Clerk DLB/njp 12

25 Agenda Item 4A STAFF REPORT City of Atlantic Beach Commission Meeting AGENDA ITEM: Monthly Legal Report- December 2017 DATE: January 22,2018 SUBMITTED BY: Russell Caffey, Director of Finance City Attorney General Representation Public Meetings/Workshops Land Development Regulation matters Communication Facilities Ordinance Variance inquiries and requests Plat Map/Declaration of Restrictive Covenants matters Legislation (Ordinances/Resolutions- Notice, public hearings) Building Department matters Agenda/Procedural matters December $ 9, Selva Preserve/Wetland Matters 2, Stormwater/Drainage Matter Code Enforcement Matter Community Redevelopment Area/Mayport Road Corridor Initiatives Sign Code Personal Injury Litigation Elections Land Development Regulations Update Florida Dept. of Management Services Appeal - Admin. Hearing 1,800 $15,745 Year to Date $ 39,295 2,375 4,395 1,035 1, , ,800 $ 54,770 REVIEWED BY CITY MANAGER:

26 Agenda Item 4B CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT AGENDA ITEM: SUBMITTED BY: DATE: Application for Cost-Share Funding for Sewer System Expansion Marsh Oaks (Section H). Kayle W. Moore, P.E. Public Utilities Director January 31, 2018 BACKGROUND: Based on City Commission input on strategic priorities and ongoing Public Works/Utilities efforts to improve infrastructure, City staff seek to submit a grant application to the St. Johns Water Management District to extended municipal sewer lines to residents currently on septic systems. The targeted area includes approximately 13 existing septic tanks located near the marsh feeding into the Intercostal waterway and the removal of these septic systems will have a direct environmental benefit to the water quality of the marsh and surrounding area. The expansion of infrastructure to existing homes and undeveloped lots will increase property values and spur residential development in the area. The St. Johns River Water Management District (SJRWMD) has cost-share funding available for septic to sewer projects which contributes to a SJRWMD Initiative for improving water quality in the Lower St. Johns River. The project meets the application criteria for the cost-share funding. BUDGET: ATTACHMENTS: The estimated construction cost for the project is $400,000. If awarded, SJRWMD grant would contribute 33 percent of the cost, or $133,000, with the remaining $267,000 funded by the City. Funding will be requested during the budget process for FY None RECOMMENDATION: REVIEWED BY CITY MANAGER:_kF Authorize the City Manager to sign the St. Johns River Water Management District Cost-Share Funding Program Application form for the Sewer System Expansion Project. ~..:..._-=~---::::q--

27 Agenda Item 6A RESOLUTION NO A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA, AUTHORIZING THE PUBLIC UTILITIES DEPARTMENT TO PURCHASE THREE (3) GORMAN-RUPP PUMPS FOR THE WASTEWATER TREATMENT PLANT. WHEREAS, the Public Utilities Department included the cost of replacement heavy machinery in the FY17-18 budget; and WHEREAS, three (3) Gmman-Rupp pumps are needed to properly operate the Wastewater Treatment Plant and uphold the expectations of the Florida DEP and the St. Johns River Water Management District; and WHEREAS, the City did not solicit competitive bids or quotes for these items, as Gorman Rupp products supplied by Hudson Pump & Equipment became the City standard over thiliy (30) years ago, and has been used ever since; and WHEREAS, this set standard was part of the major pumping station rehabilitation project that the City unde1iook at that time, wherein a single pump manufacturer for the rehab project was strongly encouraged, and Gorman-Rupp was the selected manufacturer; WHEREAS, parts for older models are readily available, and Gorman-Rupp has kept the same pump design used by the City for decades; and WHEREAS, staff is familiar with this brand and can easily perform routine maintenance. NOW THEREFORE, be it resolved by the City Commission of the City of Atlantic Beach as follows: SECTION 1. The City Corpmission hereby authorizes the purchase of three (3) Gorman Rupp Pumps in the amount of $62,787 from Hudson Pump & Equipment Associates, Inc., as they are the sole source distributor of Gorman-Rupp pumps; SECTION 2. This Resolution shall take effect immediately upon its passage and adoption. PASSED AND ADOPTED by the City of Atlantic Beach, this 12th day of February, Attest: Ellen Glasser, Mayor Donna L. Bmile, City Clerk Approved as to form and correctness: Brenna M. Durden, City Attorney

28 Agenda Item 6A CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT AGENDA ITEM: SUBMITTED BY: DATE: Purchase three (3) Gorman-Rupp Pumps for the Wastewater Treatment Plant from Hudson Pump & Equipment Associates, Inc. as they are the sole source distributor of Gorman-Rupp pumps. Kayle W. Moore, P.E. Public Utilities Director January 25, 2018 BACKGROUND: In preparation ofthe Fiscal Year 2018 budget, the City's Public Utilities Department included the cost of replacement heavy machinery needed to properly operate the Wastewater Treatment Plant, and uphold the expectations of the Florida DEP and the St. Johns River Water Management District. The City did not solicit competitive bids or quotes for these items, as Gorman-Rupp products supplied by Hudson Pump & Equipment became the City standard over thirty (30) years ago, and has been used exclusively ever since. This decision was part of the major pumping station rehabilitation project that the City undertook at that time. A single pump manufacturer for the rehab project was strongly encouraged, and Gorman-Rupp was selected. Parts for new and older models are readily available, and they have kept the same pump design used by the City for decades. Staff is familiar with this brand and can easily perform routine maintenance. BUDGET: We included in the FY 2018 Operating Budget the purchase of one (1) 10-inch effluent pump/motor and two (2) 6-inch return activated sludge (RAS) pumps/motors, to replace the existing machinery. The combined total for the three (3) pumps and motors is $62,787. ATTACHMENTS: Hudson Pump & Equipment price quotes (2 quotes). RECOMMENDATION: To approve the purchase three (3) Gorman-Rupp Pumps in the amount of $62,787 from Hudson Pump & Equipment Associates, Inc. as they are the sole source distributor of Gorman-Rupp pumps. REVIEWED BY CITY MANAGER:q,.., ~

29 Agenda Item 6A ~son Pump & Equipment A Division of Tencarva Machinery Company Quote No: CJ3 Date: Customer: Atlantic Beach, City of No. Pages: Location: 3524 Craftsman Boulevard Lakeland, FL Tel: (863) Fax: (863) Municipal Division Your No.: Attn: Troy Stephens Delivery: Phone: Terms: Fax: From: tstephens@coab.us Cathy Jackson/Robert Maxwell F.O.B.: 01/25/ weeks N30 Destination Freight included Conditions of Service: We are pleased to quote as follows Qty. Description 1 Gorman Rupp Model T1 OA3S-B, 1 0" x 1 0" Super T Series Self Priming Centrifugal Pump in Grey Iron Construction with 316SS Impeller, Standard Mechanical Seal, Nidec/US Motors Two Speed 60Hp Motor, mounted on a fabricated steel RH Horizontal V-Belt Base with Belts, Sheaves and a HOPE non-metallic Uniguard Belt Guard. A high temp pump sensor and air release valve are also included. Price Each Delivery $35, weeks Quote Valid thru 12/31/18 With the following notes: 1. Freight is included. Best Regards, Cathy Jackson HUDSON PUMP & EQUIPMENT phone: (863) fax: (863) cjackson@tencarva.com Quoted By: Cathy Jackson

30 Agenda Item 6A ~son Pump & Equipment A Division of Tencarva Machinery Company Quote No: CJ2 Date: Customer: Atlantic Beach, City of No. Pages: Location: 3524 Craftsman Boulevard Lakeland, FL Tel: (863) Fax: (863) Municipal Division Your No.: Attn: Troy Stephens Delivery: Phone: Terms: Fax: From: tstephens@coab. us Cathy Jackson/Robert Maxwell F.O.B.: 01/24/ weeks N30 Destination Freight included Conditions of Service: We are pleased to quote as follows Qty. Description 1 Gorman Rupp Model T6A3S-B/F, 6" x 6" Cast Iron Casing, Stainless Steel Impeller, Flanged Connections, Standard Mechanical Seal, RH Horizontal Base, Banded Belts, Sheaves, Guard and Motor (Baldor: Cat No. EM4104T, 30Hp, 1800 RPM, 3/60/ V, TEFC Premium Efficient, Inverter Ready per NEMA MG1 Part Price Each Delivery $13, weeks 1 Gorman Rupp Model T6A3S-B/F, 6" x 6" Cast Iron Casing, Stainless Steel Impeller, Flanged Connections, Standard Mechanical Seal, LH Horizontal Base, Banded Belts, Sheaves, Guard and Motor (Baldor: Cat No. EM4104T, 30Hp, 1800 RPM, 3/60/ V, TEFC Premium Efficient, Inverter Ready per NEMA MG1 Part $13, weeks TOTAL $26, With the following notes: 1. Freight is included. Quote Valid thru 12/31/18 Quoted By: Cathy Jackson

31 Agenda Item 6A Best Regards, Cathy Jackson HUDSON PUMP & EQUIPMENT phone: (863) fax: (863) visit us atwww.hudsonpump.com Quoted By: Cathy Jackson

32 Agenda Item 6B RESOLUTION NO A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA, AUTHORIZING THE PUBLIC UTILITIES DEPARTMENT TO PURCHASE ONE GEA WESTFALIA ROTATING ASSEMBLY. WHEREAS, the Public Utilities Department included the cost of replacement heavy machinery in the FY17-18 budget; and WHEREAS, one (1) spare rotating assembly is needed as an on-site backup for the dewatering centrifuge to properly operate the Wastewater Treatment Plant (WWTP) and uphold the expectations of the Florida DEP and the St. Johns River Water Management District; and WHEREAS, the City did not solicit competitive bids or quotes for this items, as Carter & Verplank, Inc, is the sole distributor of the GEA Westfalia CF 4000 Centrifuge equipment used at the City's WWTP. WHEREAS, this centrifuge equipment was pati of the WWTP Sludge and Odor Control Improvements project that the City undetiook in 2011, wherein the model and manufacturer for the centrifuge was the selected; NOW THEREFORE, be it resolved by the City Commission of the City of Atlantic Beach as follows: SECTION 1. The City Commission hereby authorizes the purchase of GEA Westfalia Rotating Assembly for the CF 4000 Centrifuge at the WWTP in the amount of $187,400 from Carter & Verplank, Inc., as they are the sole source distributor of the GEA Westfalia CF 4000 Centrifuge equipment; SECTION 2. This Resolution shall take effect immediately upon its passage and adoption. PASSED AND ADOPTED by the City of Atlantic Beach, this 12th day offebruary, Attest: Ellen Glasser, Mayor Donna L. Bartle, City Clerk Approved as to form and correctness: Brenna M. Durden, City Attorney

33 Agenda Item 6B CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT AGENDA ITEM: SUBMITTED BY: DATE: Purchase GEA Westfalia Spare Rotating Assembly for the Wastewater Treatment Plant (WWTP) Centrifuge from Carter & Verplank, Inc., as they are the sole source distributor of the GEA Westfalia CF 4000 Centrifuge equipment used at thewwtp. Kayle W. Moore, P.E. Public Utilities Director January 26, 2018 BACKGROUND: The 2011 WWTP upgrade included a new sludge dewatering centrifuge and new odor control equipment to replace the antiquated and less efficient sludge drying beds. The new centrifuge is more efficient and reduced the number trips to the landfill and cost to dispose of the bio solids resulting from the wastewater treatment process. The new dewatering facility was designed and constructed to provide for a second centrifuge unit for redundancy, which was to be added at a later date. The primary component in the centrifuge unit is the rotating assembly. Based on input from area utilities with sim ilar equipment, it was determined by staff to be more cost effective at this time to purchase only the rotating assembly in order to have on-site spare if/when needed in lieu of installing complete second unit. Purchase and installation of a complete second unit is expected to cost more than twice this amount. As the centrifuge is used only 2 to 3 days each week, there is ample flexibility to replace the rotating assembly if needed, provided we have the replacement unit on-site. BUDGET: We included in the FY 2018 Operating Budget the purchase of one centrifuge rotating assembly to serve as an on-site spare unit for back-up purposes. The total for the spare rotating assembly is $187,400. ATTACHMENTS: Carter & Verplank price quote. RECOMMENDATION: To approve the pu rchase of the GEA Westfalia Spare Rotating Assembly for the CF 4000 Centrifuge from Carter & Verplank, Inc. as they are the sole source distributor of this equipment. REVIEWED BY CITY MANAGER: a.. M

34 Agenda Item 6B CARTER I VERPlANCK 4910 W CYPRESS ST. TAMPA, FLORIDA Phone: Fax: Quotation To: Attn: City of Atlantic Beach 800 Seminole Road Atlantic Beach, FL Mr. Troy Stephens- Wastewater Plants Superintendent Date: January 22, 2018 Re: GEA Westfalia -Spare Rotating Assembly for a CF 4000 Centrifuge WE ARE PLEASED TO QUOTE YOU ON THE FOLLOWING MATERIAL FOR ACCEPTANCE WITHIN 30 DAYS The following is a quote to provide a rotating assembly for the CF 4000 located at Atlantic Beach, FL. The quotation includes: Bowl Shell Scroll Gearbox Main Bearings Shipping to the project Standard 1 year Warranty from receipt $ 187, NET LOT PLUS TAX Price includes freight. Sales Tax is not included. Delivery: DDP, GEA Factory in Germany 16 weeks, allow 4 additional weeks for shipment to project site. Payment Terms: Ex-works Germany, Prepaid and add. 30% down payment due at time of order, balance due at time of shipment. All invoices are Net 30 days. Please Note: 1. We do not include sales tax, pressure gauges, anchor bolts, wire cable, conduit, piping, installation, hookup, field testing, control panels or any other accessories or other ancillary items which are not specifically called out in this scope of supply. 2. Under no circumstances will Carter & VerPlanck, Inc. or its suppliers be liable for any incidental, consequential, liquidated, special or late delivery damages whatsoever. 3. Payment terms are 100% net 30 days from delivery with approved credit. Our prices based upon no retainaqe. 4. Pricing is based upon Carter & VerPlanck, Inc. and the manufacturer's Standard Terms and Conditions of Sales. Copies of these documents are attached herewith for your review and reference. No other terms or conditions of sale will applv unless accepted in writing bv an officer of the companv. TERMS: 100% Net 30 days after invoice date -WITH CREDIT APPROVAL QUOTATION DOES NOT INCLUDE ANY SALES OR USE TAX PAYABLE UNDER ANY STATE OF FEDERAL STATUE CARTER & VERPLANCK, INC. Page 1 BY Xen Wa(fier, P. 'E.

35 Agenda Item 6B CARTER I VERPLANCK 4910 W CYPRESS ST. TAMPA, FLORIDA Phone: Fax: Quotation To: Attn: City of Atlantic Beach 800 Seminole Road Atlantic Beach, FL Mr. Troy Stephens - Wastewater Plants Superintendent Date: January 22, 2018 Re: GEA Westfalia -Spare Rotating Assembly for a CF 4000 Centrifuge WE ARE PLEASED TO QUOTE YOU ON THE FOLLOWING MATERIAL FOR ACCEPTANCE WITHIN 30 DAYS TERMS & CONDITIONS OF SALE 1) Neither Carter & VerPlanck, Inc. nor the manufacturer(s) will be liable for damages of any kind, whether direct, consequential, incidental, special or liquidated. 2) The quoted price may include systems or components from more than one vendor. Carter & VerPlanck, Inc., will provide separate prices for individual systems or components upon request, although the total price of all items quoted may vary as a result. 3) Price does not include any gauges, gauge cocks, tools, lubricants, installation, anchor bolts, spare parts, start-up service or other items not specifically called out herein. 4) Price does not include any motor starters, controls, or power factor correction devices other than as specifically called out herein. 5) THE WARRAN1Y EXTENDED BY THE MANUFACTURER($) IS IN LIEU OF ALL OTHER OBLIGATIONS, LIABILmES OR WARRANTIES OF MERCHAN TABILITY, FITNESS OR OTHERWISE, EITHER EXPRESS OR IMPLIED, BY FACT OR BY LAW, AND STATES OUR ENTIRE AND EXCLUSIVE LIABILITY AND BUYER'S EXCLUSIVE REMEDY FOR ANY CLAIM OF DAMAGES IN CONNECTION WITH THE SALE OR FURNISHING OF GOODS OR PARTS, THEIR DESIGN, SUITABILITY FOR USE, INSTALLATION OR OPERATION. WE FURTHER SPECIFICALLY EXCLUDE ANY EXPRESS OR IMPLIED WARRANTIES REFERENCE UNDER FLORIDA STATUTE # THERE ARE NO WARRANTIES WHICH EXTEND BEYOND THE DESCRIPTION ON THE FACE HEREOF. 6) NOT INCLUDED: Unless specifically set forth in the scope of the quotation, this offer does not include: -start-up assistance or field services - interconnecting wiring and/or conduit - installation labor - installation supervision - motor control equipment - motor starters or contactors - power distribution equipment - miscellaneous mechanical and mounting hardware 7) FREIGHT: A) All prices are F.O.B. factory or suppliers' shipping point with freight prepaid and included to the jobsite. B) Title and Risk of Loss passes to CONSIGNEE AT SHIPPING POINT. SELLER prepays freight charges. SELLER bears freight charges. CONSIGNEE must file claims for loss or damage, (if any). C) Seller will not consider any claim for damage or shortage unless it is noted on the bill of lading at time of receipt. It is the responsibility of the CONSIGNEE to verify that all items contained on the bill of lading are received prior to accepting shipment. 8) TAXES: The prices quoted are exclusive of, and Purchaser shall pay and make all returns for, any Federal, State, or local sales, use, transfer, or similar taxes applicable to the equipment and material once the same have been delivered as provided herein. 9) VALIDITY OF PRICING: The prices stated herein are contingent upon receipt of a firm order, or letter of intent, in an acceptable form from Purchaser within 30 days from the date of this offer, and Purchaser's willingness to accept delivery when the factory is prepared to ship. If a responsive firm order is not received by the above date, Seller shall have the right to withdraw this quotation and to revise the prices and shipping dates provided herein. Page 2

36 Agenda Item 6B CARTER VERPLANCK 4910 W CYPRESS ST. TAMPA, FLORIDA Phone: Fax: Quotation To: Attn: City of Atlantic Beach 800 Seminole Road Atlantic Beach, FL Mr. Troy Stephens- Wastewater Plants Superintendent Date: January 22, 2018 Re: GEA Westfalia - Spare Rotating Assembly for a CF 4000 Centrifuge WE ARE PLEASED TO QUOTE YOU ON THE FOLLOWING MATERIAL FOR ACCEPTANCE WITHIN 30 DAYS 10) PAYMENT TERMS: Seller's payment terms are that all invoices are due and payable within thirty (30) days of the date thereof with approved credit. Interest on the unpaid balance at the rate of 11/2% per month, or the maximum permitted by law, whichever is less will be added to all outstanding invoices which are not paid within 30 days. Our price is based on no retainage. 11) DELIVERY: The shipping dates provided herein are based on Seller's current information as to availability of material and components and our best estimate as to dates on which we will be able to ship. These dates are subject to revision or postponement because of unavailability of material and components or because of events beyond our control. If Purchaser requests postponement of previously agreed to shipping date(s), Seller may invoice the Purchaser, or then require payment for all of such equipment and material as is then ready for shipment; and, from and after the date that such equipment and material or any portion thereof is ready for shipment, any expenses or other charges incurred by Seller in regards to the same shall be at Purchaser's expense and Purchaser shall promptly pay any invoice rendered by Seller in regard thereto. 12) SERVICE: No start-up assistance or field services are included unless specifically called out in our offering. If so included, the Seller will furnish Field Service Engineer(s) as described in our proposal, at the time of start-up, to inspect the completed system, to advise in regard to placing the system in initial operation and to instruct operating personnel on the proper use of the equipment and material. The proper installation, start-up and operation of the system and any further changes to be made in the system, responsibility for servicing, and all labor costs thereof, shall be the responsibility, under the control and at the risk of the Purchaser. At the time start-up service is requested we ask you to be completely prepared, including where and as appropriate, the availability of power, water, flow, access, etc. so that start-up may proceed as anticipated. Any return trips to the site or additional time required as a result of failure to be so prepared, will be charged to the customer at the prevailing demand service rate. If service additional to that provided for therein is required, Seller, if available, shall furnish at the expense of the Purchaser, competent service engineers at Seller's then prevailing rates, plus travel and living expenses, to assist in additional service in regard to the equipment and material or in regard to equipment furnished by Purchaser. All charges in connection with such service shall be billed by the Seller and shall be due and bear interest at the Company's normal payment terms unless Seller shall require other payment terms and conditions. 13) GENERAL: The descriptions, terms and conditions contained in this Proposal and the terms and conditions contained in the Manufacturer's Standard Terms attached hereto, which are incorporated herein by reference, constitute the quotation of the Seller. To the extent that the descriptions, terms and conditions contained in the Proposal are inconsistent with the Manufacturer's Standard Terms, the Manufacturer's Standard Terms are modified by this Description. 14) No order shall be deemed accepted by the Manufacturer until the Purchaser is notified of its acceptance by the Manufacturer. Carter & VerPlanck, Inc., is not an agent or employee of the Manufacturer(s) and is not authorized to accept orders in its (their) behalf. 15) Any suit or proceeding brought by Purchaser to enforce this agreement, to resolve any dispute over its terms, or to sue for damages for its breach shall be brought only in a state or federal court of appropriate jurisdiction in Hillsborough County, Florida. Purchaser expressly waives any objection that venue in Hillsborough County is inconvenient or improper. 16) In any suit or proceeding brought to enforce this agreement, to resolve any dispute over its terms, or to sue for damages for its breach, the prevailing party shall recover a reasonable attorneys' fee in addition to costs of suit. Page 3

37 Agenda Item 6C RESOLUTION NO A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA, AWARDING BID # FOR THE MARSH PRESERVES ADA VIEWING/FISHING PIER AT DUTTON ISLAND. WHEREAS, on January 17, 2018 four bids were received and opened for City Bid # : Marsh Preserves ADA Viewing/Fishing Pier at Dutton Island; and WHEREAS, the total bid prices (including 10% contingency) received ranged from $188, to $474,553.75; and WHEREAS, Hayward Construction Group submitted all required documents in their bid submittal; and WHEREAS, the project consists of constructing a wooden ADA Viewing/Fishing Pier to include an 1100 SF boardwalk and a 400 SF overlook, as well as an 800 SF pervious concrete parking area at Dutton Island; and WHEREAS, the Contractor will be given sixty (60) days from Notice to Proceed to complete the project; WHEREAS, the project will be fully funded in the FY17-18 budget under account , with a 50% reimbursement from the Florida Inland Navigation District (up to $1 00,000) upon completion of the project. NOW THEREFORE, be it resolved by the City Commission of the City of Atlantic Beach as follows: SECTION 1. The City Commission hereby awards Bid # to Hayward Construction Group in the amount of$188, to construct the project in accordance with the plans and bid specifications; SECTION 2. The City Commission hereby authorizes the City Manager to execute the Contract with Hayward Construction Group; SECTION 3. This Resolution shall take effect immediately upon its passage and adoption. PASSED AND ADOPTED by the City of Atlantic Beach, this 12th day of February, Attest: Ellen Glasser, Mayor Donna L. Bartle, City Clerk Approved as to form and correctness: Brenna M. Durden, City Attorney

38 Agenda Item 6C CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT AGENDA ITEM: SUBMITTED BY: Bid : Marsh Preserves ADA Viewing/Fishing Pier at Dutton Island Scott Williams, Public Works Director DATE: January 24, 2018 BACKGROUND: Bids were opened January 17, 2018 for Bid : Marsh Preserves ADA Viewing/Fishing Pier at Dutton Island. The project consists of constructing a wooden ADA Viewing/Fishing Pier to include an 1100 SF boardwalk and a 400 SF overlook, as well as an 800 SF pervious concrete parking area at Dutton Island. Four bids were received as follows: Core Construction Hager Construction Harbor Marine Hayward Company Company Dock Company Construction Group Total $ 237, $ 431, $ 246, $ 171, % Contingency $ 23, $43, $ 24, $17, Total plus 10% Contingency $ 261, $ 474, $ 270, $ 188, BUDGET: RECOMMENDATION: Funding is budgeted in account under project PM1807. Award Bid to Hayward Construction Group in the amount of $188,485.00, and authorize the City Manager to execute the contract. The project has been previously approved for a 50% matching grant from the Florida Inland Navigation District (FIND) up to $100,000. The anticipated 50% reimbursement from FIND is $94, ATTACHMENTS: Bid Analysis Bid Tabulation Conceptual Drawings Bid Submittal from Hayward Construction Group REVIEWED BY CITY MANAGER: -~=---=A{ '--:::...:c. :_;r

39 Agenda Item 6C 1/ 17/2018 Bid Item No. Bid Marsh Preserves ADA/ Fis hing Pie r at Dutton Isla nd Core Construction Company Hager Construction Harbor Marine Dock Co. Hayward Construction txtenaea DESCRIPTION QTY UNIT UNIT COST EXTENDED COST UNIT COST EXTENDED COST Unit Cost Cost U NIT COST EXTENDED COST 1 Mobilization 1 LS $37,214.0( $37, $42, $42,000.0( $62,866.7( $62,866.7C $5,000.0( $5,000.0( bros JOn Lontrol- 1 emporary :> m Fence, Inlet Protection, 2 Construction Entrance, Temporary Stabilization 1 LS $908.0( $ $12,000.0C $12,000.0( $1, $1,430.0C $1,500.0( $1,500.0( 3 Clearing and Grubbing 1 LS $2,541.0( $2, $6,400.0C $6,400.0( $ $650.0C $0.0( $ Site Grading 1 LS $4,659.0( $4, $8,800.0C $8,800.0( $ $650.0( $500.0( $ Earthwork Cut/Fill 1 LS $3, $3, $5,600.0( $5,600.0( $ $650.0( $3,500.0( $3, Wood Boardwalk 1100 SF $ $133, $175.0( $192,500.0( $91.9 $101,112.0( $83.50 $91, Wood Overlook 400 SF $ $48, $352.0C $140,800.0( $ $63,328.0( $ $55, Pervious Concrete* 800 SF $8.00 $6, $25.00 $20, $17.47 $13, $15.00 $12, Signage and Striping 1 LS $ $ $3, $3, $1, $1, $1, $1, Sodding 25 SY $8.00 $ $4.50 $ $14.00 $ $20.00 $ Total $237, $431, $246, $171, % Contingency $23, $43, $24, $17, Total + 10% Contingency $261, $474, $270, $188, Core Construction: The Extended Costs were incorrect on Line 1 (written amt $37,124), Line 8 (written amt $6,311), Line 10 (written extended cost $212) for an overal difference of $86.10

40 Agenda Item 6C CITY BID N DOCUMENTS REQUIREMENTS CHECKLIST All REQUIRED DOCUMENTS, AS LISTED BELOW MUST BE SUBMITTED IN BID PACKAGE AT BID OPENING Bids submitted in TRIPLICATE. Signed copy of Documents Requirements Checklist. Completed Form W-9 Request for Taxpayer Identification Number and Certification. Bid Form. Bid Bond in the amount of 5% of the bid. Drug Free Workplace Certification. Public Entity Crimes Statement. Public Records Provision Form. New Vendor Information Form. Insurance Certificate, naming the City of Atlantic Beach as Certificate Holder, showing the bidder has obtained and will continue to carry Workers' Compensation, public and private liability and property damage insurance during the life of the contract. Proof of Experience: A minimum of five (5) years' experience as a General Contractor. Qualifications: Bidder shall submit proof that they are currently licensed as a General Contractor. Positive References (at least 5 local units of governments or agencies in Florida, excluding the City of Atlantic Beach)- phone AND contacts must be provided. These references will not be accepted until they are investigated and found valid by the City. Agree to Base Bid on the Bid Specifications: Bidder must submit a signed statement agreeing to conform their bid to the specifications in the City's bid documents. Documentation of receipt of any addenda. The above requirements have been noted and are understood by the bidder. I understand that failure to submit an item isted above may result In rejection of this bid. Kathleen Hayward - M GRM PRINT: ADDRESS: San Jose Blvd# 1003 Jacksonville, FL PHONE: FAX: haywardconstruct DATE:../'- -~...;_ / ; 7_ - -'- J

41 Agenda Item 6C W 9 Fonn (Rev. November 2017).-,Department of the Treasury 'oternal Revenue Service Request for Taxpayer Identification Number and Certification Give Form to the requester. Do not send to the IRS ~ 3 Check appropriate box for federal tax classification of the person whose name is entered on line 1. Check only one of the g> following seven boxes. a. 0 Trust/estate 0 Individual/sole proprietor or 0 C Corporation 0 S Corporation 0 Partnership single-member LLC [Z) Umlted liability company. Enter the tax classification (C=C corporation, S=S corporation, P=Partnership).,...S Note: Check the appropriate box in the line above for the tax classification of the single-member owner. Do not check LLC if the LLC is classified as a single-member LLC that is disregarded from the owner unless the owner of the LLC is another LLC that is not disregarded from the owner for U.S. federal tax purposes. Otherwise, a single-member LLC is disregarded from the owner should check the appropriate box for the tax classification of its owner. no.) See instructions. Requester's name and 4 Exemptions (codes apply only to certain entities, not individuals; see instructions on page 3): Exempt payee code Of any) Exemption from FATCA reporting code Of any) (Applies to sccoonts mamrained oulside lhe USJ Enter your TIN in the appropriate box. The TIN provided must match the name given on line 1 to avoid backup withholding. For individuals, this is generally your social security number (SSN). However, for a resident alien, sole proprietor, or disregarded entity, see the instructions for Part I, later. For other entities, it is your employer identification number (EIN). If you do not have a number, see How to get a TIN, later. Note: If the account is in more than one name, see the instructions for line 1. Also see What Name and /~Number To Give the Requester for guidelines on whose number to enter. Under penalties of perjury, I certify that: 1. The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me); and 2. I am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding; and 3. I am a U.S. citizen or other U.S. person (defined below); and 4. The FATCA code(s) entered on this form (if any) indicating that I am exemt:~t from FATCA reporting is correct. Certification instructions. You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax return. For real estate transactions, item 2 does not apply. For mortgage interest paid, acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirement arrangement (IRA). and generally, payments other than interest and dividends; you are not required to sign the certification, but you must provide your correct TIN. See the instructions for Part II, later. Sign Here Section references are to the Internal Revenue Code unless otherwise noted. Future developments. For the latest information about developments related to Form W-9 and its instructions, such as legislation enacted after they were published, go to Purpose of Form An individual or entity (Form W-9 requester) who is required to file an information return with the IRS must obtain your correct taxpayer Identification number (TIN) which may be your social security number (SSN), individual taxpayer identification number (ITIN), adoption taxpayer identification number (A TIN), or employer identification number /--IEIN), to report on an information return the amount paid to you, or other mount reportable on an information return. Examples of information returns include, but are not limited to, the following. Form INT (interest earned or paid) Date... J-17-J? Form DIV (dividends, including those from stocks or mutual funds) Form MISC (various types of income, prizes, awards, or gross proceeds) Form B (stock or mutual fund sales and certain other transactions by brokers) Form S (proceeds from real estate transactions) Form K (merchant card and third party network transactions) Form (home mortgage interest), E (student loan interest), 1098-T (tuition) Form 1099-C (canceled debt) Form A (acquisition or abandonment of secured property) Use Form W-9 only if you are a U.S. person (including a resident alien), to provide your correct TIN. If you do not return Form W-9 to the requester with a TIN, you might be subject to backup withholding. See What is backup withholding, later. Cat. No X Form W-9 (Rev )

42 Agenda Item 6C BID FORM. FOR MARSH PRESERVES ADA VIEWING/FISHING PIER AT DUITON ISLAND BID NO.l CITY OF ATLANTIC BEACH, FLORIDA SUBMIITED BY:. Hayward Construction Group, LLC DATE: San Jose Blvd # Jacksonville, FL The undersigned, as bidder, hereby declares that the only person or persons interestec! In the proposal as Principals is, or are, named herein and that no other person that herein mentioned has any interest in this proposal or in the contract to be entered into; that this proposal is made without connection with any other person, company, or parties making a bid proposal; and that it is in all respects fair and in good faith, without collusion or fraud. The bidder further declares that he has examined the site of the work and informed himself fully in regard to all conditions pertaining to the places where the work is to be done; that he has examined the plans and specifications for the work and contractual documents relative thereto, and. has read all special provisions furnished prior to the opening of bids, that he has satisfied himself relative to the work to be performed. The bidder proposes and agrees, if this proposal is accepted, to contract with the City of Atlantic Beach, Florida in the form contract specified, to furnish all'necessary materials, equipment, machinery, tools, apparatus, means of transportation and labor necessary to complete the contract in full and complete in accordance with the shown, noted, described, and reasonable intended requirements of the plans and specifications and contract documents to the full satisfaction on the contract with the City of Atlantic Beach, Florida, with a definite understanding that no money will be allowed for extra work except as set forth in the attached general conditions and contract documents, as follows: A. Bid Schedule The project consists of a Base Bid. Bidders must submit a bid price on all items as described below. Only one (1) contract will be awarded. Contract will be awarded to the responsible bidder based on the. submitted Base Bid. All entries on the proposal must be typewritten or printed clearly and in Ink. Bidders must insert extended total item prices computed from quantities and unit prices. In case of ~rrors in extensions, unit prices will govern. BFU-1

43 Agenda Item 6C BID FORM MARSH PRESERVES ADA VIEWING/FISHING PIER AT DUTTON ISLAND Bid Item No. 1 2 ~--- I I l I CITY BID NO DESCRIPTION QTV UNIT UNIT COST Mobilization 1 LS $ 5,000 Erosion Control- Temporary Silt Fence, Inlet 1 LS $ Protection, Construction Entrance, Temporary Stabilization 1,500 3 Clearing and Grubbing 1 LS $ 0 $ 4 Site Grading 1 LS $ 500 $ 5 Earthwork Cut/Fill 1 LS $ 3,500 $ 6 Wood Boardwalk 1100 SF $ $ 7 Wood Overlook 400 SF $ $ 8 Pervious Concrete* 800 SF $ s 9 Signage and Striping I 1 LS $ 1,500 $ 10 Sodding I 25 sv $ s BASE BID SUBTOTAL {Items 1-10) $ $ 11 Ten Percent (10%) Contingency of Base Bid Subtotal $ $ GRANDTOTAL{Items 1-11) $ *REFER TO PERVIOUS CONCRETE DETAIL ON SHEET C-6 FOR REQUIREMENTS FOR NRMCA CERTIFIED CRAFTSMEN AND INSTALLERS EXTENDED COST $ 5,000 $ s 1, ,500 91, ,000 1, ,350 17, , I I I I ~ SUBMITTAL INFORMATION:. HAYWARD CONSTRUCTION GROUP LLC Bidder San Jose Blvd #1003 v;j::n M~ Business Address Jacksonville, FL City, State & Zip Code C1Jnature [J Managing Member Title haywardconstruct@bellsouth.net Date Address BFU-2, ,.

44 Agenda Item 6C NOTE: It is understood that quantities in the Bidding Schedule for unit price items are approximate only, and that payment will be made only upon actual quantities of work complete in place, measured on the basis defined in the Specifications. If any work under a unit price item is not performed or if only a small percentage of the quantity listed is used, the Contractor shall not make any claims for not using said item or for higher unit prices because of the small percentage of quantity used. Accompanying this Bid is a certified or cashier's check or a bid bond in the amount of 5% made payable to the Owner which may be forfeited as liquidated damages if, in the event this proposal is accepted, the undersigned fails to execute the Agreement and furnish and pay for the required performance and payment bonds for the Owner within 10 days after acceptance of the Bid; otherwise said certified or cashier's check or bid bond will be returned to the undersigned. The undersigned bidder agrees to commence work within~d~ fter the dat~ rj,&q\t~ce to Proceed, and further agrees that substantial completion of the work shall be within ~~ll'da~ after written Notice to Proceed. The Bidder agrees that this bid shall be good and may not be withdrawn for a period of 90 days after the opening of bids. The Bidder understands that the Owner reserves the right to reject all bids, and to waive informalities in the bid. The Bidder further proposes and agrees to commence work under his contract on a date to be specified in a written order of the Owner and shall complete all work thereunder within the time schedule in the Form of Agreement. The undersigned further agrees to forfeit to the Owner, as liquidated damages for each calendar day elapsing between the date established as the date of final completion for the work and the actual date of final completion for the work, the amount of $ per calendar day. Addendum Receipt: Bidders shall acknowledge below the receipt of all addenda, if any, to plans and specifications. ADDENDUM NO. %_flg:f :...:... DATED ADDENDUM NO. DATED ADDENDUM NO. DATED ADDENDUM NO. DATED t~~ua ~-~~ W<Lrd - ra~(~ Name and Title (typed) BFU-3

45 Agenda Item 6C EQUIPMENT AND MATERIAL LISTING THE BIDDER WILL FURNISH THE FOLLOWING ITEMS OF EQUIPMENT AND MATERIAL: 1. Concrete MANUFACTURER SUPPLIER be;& 2. Other L~d I MANUFACTURER SUPPLIER So la.. 4-h e.-t'" r~ ~ Lu..n h.ur ~ ~t%jfl 3. Other MANUFACTURER SUPPLIER 4. Other MANUFACTURER SUPPLIER BFU-4

46 Agenda Item 6C SUBCONTRACTOR LIST ihe BIDDER HAS FULLY INVESTIGATED EACH SUBCONTRACTOR LISTED AND HAS IN HIS FILE EVIDENCE EACH SUBCONTRACTOR4 HAS ENGAGED SUCCESSFULlY IN HIS line OF WORK FOR A REASONABlE PERIOD OF TIME, THAT HE MAINTAINS A FULLY EQUIPPED ORGANIZATION CAPABLE, TECHNICALLY AND FINANCIALLY, OF PERFORMING THE WORK REQUIRED, AND THAT HE HAS MADE SIMILAR INSTAlLATIONS IN A SATISFACTORY MANNER. TYPE OF WORK Co nc..-ie.-\-e NAME AND ADDRESS OF SUBCONTRACTOR ~ S+ S Cot"-)c.(tte.. END OF SECTION..-..., BFU-5

47 Agenda Item 6C DRUG-FREE WORKPLACE CERTIFICATION Section , Florida Statues, effective January 1, 1991, specifies that preference must be given to vendors submitting a certification with their bid/proposal certifying they have a drug-free workplace. This requirement effects all public entities of the State and is as follows: IDENTICAL TIE BIDS -Preference shall be given to business with drug-free workplace programs. Whenever two or more bids which are equal with respect to price, quality and service are received by the State or by any political subdivision for the procurement of commodities or contractual services, a bid received from a business that certifies that it has implemented a drugfree workplace program. In order to have a drug-free workplace program, a business shall: 1) Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2) Inform employees about the dangers of dtug abuse in the workplace, the business's policy of maintaining a drug-free workplace, any available dtug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3) Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1). 4) In the statement specified in subsection (1), notify the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contenders to, any violation of Chapter 893 or of any controlled substance law of the United States or any state, for a violation occuuence in the workplace no later than five (5) days after such conviction. 5) Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, by any employee who is so convicted. 6) Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section. AS THE PERSON AUTHORIZED TO SIGN THE STATEMENT, I CERTIFY THAT THIS FIRi\1 COMPLIES FULLY WITH THE ABOVE REQUIREMENTS. ~lttlll ~ ~A1 J) fndor's SIGNATU= DATE

48 Agenda Item 6C SWORN STATEMENT PURSUANT TO SECTION (3)(A), FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES TillS FORM MUST BE SIGNED AND SWORN TO IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICIAL AUTHORIZED TO ADMINISTER OATHS. 1. This sworn statement is submitted to City of Atlantic Beach (print name of the public entity) by Kathleen Hayward - Managing Member (print individual's name aud title) for Hayward Construction Group, LLC (print name of entity submitting sworn statement) whose business address is San Jose Blvd Suite Jacksonville, FL and (if applicable) its Federal Employer Identification Number (FEIN) is (If the entity has no FEIN, include the Social Security Number of the individual signing this sworn statement: ) 2. I understand that a "public entity crime" as defined in Paragraph (l)(g), Florida Statutes, means a violation of any state or federal law by a person with respect to and directly related to the transaction of business with any public entity or with an agency or political subdivision of any other state or of the United States, including, but not limited to, any bid or contract for goods or services to be provided to any public entity or an agency or political subdivision of any other state or of the United States and involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation. 3. I understand that "convicted" or "conviction" as defined in Paragraph (l)(b), Florida Statutes, means a finding of guilt or a conviction of a public entity crime, with or without an adjudication of guilt, in any federal or state trial court of record relating to charges brought by indictment or information after July 1, 1989, as a result of a jury verdict, non jury trial, or entry of a plea of guilty or nolo contendere. 4. I understand that an "affiliate" as defined in Paragraph (l)(a), Florida Statutes, means: 1. A predecessor or successor of a person convicted of a public entity crime; or 2. An entity under the control of any natural person who is active in the management of the entity and who has been convicted of a public entity crime. The te1m "affiliate" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in the interest in another person, or a pooling of equipment or income among persons when not for fair market value under an mm's length agreement, shall be a prima facie case that one person controls another person. A person who knowingly enters into a joint venture with a person who has been convicted of a public entity crime in Florida during the preceding 36 months shall be considered an affiliate. 5. I understand that a "person" as defmed in Paragraph (1)(e), Florida Statutes, means any natural person or entity organized under the laws of any state or of the United States with the legal power to enter into a binding contract and which bids or applies to bid on contracts for the provision of goods or services let by a public entity, or which otherwise transacts or applies to transact business with a public entity. The term "person" includes those officers, directors,

49 Agenda Item 6C executives, partners, shareholders, employees, members, and agents who are active in management of an entity. 6. Based on information and belief, the statement which I have marked below is true in relation to the entity submitting this sworn statement. (Indicate which statement applies.) Neither the entity submitting this sworn statement, nor any of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, nor any affiliate of the entity has been charged with and convicted of a public entity crime subsequent of July 1, The entity submitting this sworn statement, or one or more of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, or an affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, The entity submitting this sworn statement, or one or more of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, or an affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, However, there has been a subsequent proceeding before a Hearing Officer of the State of Florida, Division of Administrative Hearings and the Final Order entered by the Hearing Officer determined that it was not in the public interest to place the entity submitting this sworn statement on the convicted vendor list. (Attach a copy of the final order) I UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING OFFICER FOR THE PUBLIC ENTITY IDENTIFIED IN PARAGRAPH 1 (ONE) ABOVE IS FOR THAT PUBLIC ENTITY ONLY AND, THAT TIDS FORM IS VALID THROUGH DECEMBER 31 OF THE CALENDAR YEAR IN WHICH IT IS FILED. I ALSO UNDERSTAND THAT I AM REQUIRED TO INFORM THE PUBLIC ENTITY PRIOR TO ENTERING INTO A CONTRACT IN EXCESS OF THE THRESHOLD AMOUNT PROVIDED IN SECTION , FLORIDA STATUTES FOR CATEGORY TWO OF ANY CHANGE IN THE INFORMATION CONTAINED IN TIDS FORM. _./. STATE OF f {_ COUNTY OF DvvA I ~~ ,:_jg_t\ -h_i,_l_..:::_"'_l'-.,j ~rthljja,~ (signature) ~ (date) PERSONALLY APPEARED BEFORE ME, the undersigned authority, IA.r_J_~ I I 1'1 \ is! who, after first being sworn by me, affixed (name of individual signing) his/her signature in the space provided above on this.!_! day of :r-a :V, 201.5(_. My commission expires: NOT~

50 . ~ Agenda Item 6C PUBLIC RECORDS PROVISIONS FOR ALL CONTRACTS AND AMENDMENTS Effective as of July 1, 2016 per Chapter 20 I 6-20, Laws of Florida This is to confirm that we have received the Public Records Provisions signed:~w'(nzra:-ij Print: Kcdb l~{'o th/l!xltd Company: ~lllatd CoMb d',oo Phone: 9. Oll~ l-le. 0':1 -'il~ - '11 d..~ ba \UlN! r ~n s-{njg+0 Date: I - I 1 -, )( be.llso~+h. oe+ Public Records Provisions, Page I

51 Agenda Item 6C City of Atlantic Beach 800 SEMINOLE ROAD ATLANTIC BEACH, FLORIDA TELEPHONE (904) FAX: (904) New Vendor Information Request Form Please complete and return with all other bid documents HAYWARD CONSTRUCTION GROUP, LLC Vendor Name (as it should appear on Purchase Orders and Check Payments) SAN JOSE BLVD, SUITE 1003 Remit To Address JACKSONVILLE, FL Physical Address (if different from remittance) Company Phone: Company Fax: Company Website: Point Of Contact Information: Name: Kathi Hayward E -M at - 1 Addr ess: haywardconstruct@bellsouth.net _ Phone: Fax: Should Purchase Orders be faxed or ed? Provide correct information for either choice. How did you learn of this Bid/RFP (check one)? Financial News & Daily Record _x_city's Website Faxed/ ed Announcement Other (please specify):

52 1._Cc.:?RD CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DDNYYY) 01/ THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES ~-.l:low. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED lpresentative OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer riahts to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: HOUSE Kelly White & Associates Insurance, LLC I rajg_ntto. Ext\: ~~AX lia/c No\: P.O. Box E MAIL!ADDRESS: kelly@kwhiteinsurance.com INSURERIS\ AFFORDING COVERAGE NAIC# Jacksonville FL INSURER A: Travelers Property & Casualty Company INSURED INSURERS: Travelers Property & Casualty Company Hayward Construction Group, LLC INSURERC: San Jose Blvd #1003 INSURERD: American Interstate Ins Co INSURERE: Travelers Property & Casualty Company Jacksonville FL INSURERF COVERAGES CERTIFICATE NUMBER HAYW REVISION NUMBER THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE s :o CLAIMS-MADE [XI 1,000,000 OCCUR $ 50,000 X Protection & Indemnity MED EXP IAnv one person) $ 5, :- A X Jones Act/Crew ZOL 1 OT NO c...:...:. 07/ / PERSONAL&ADVINJURY s 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY 0 ~~8-r 0 LOC PRODUCTS- COMP/OP AGG $ 2,000,000 ~ OTHER: - AUTOMOBILE LIABILITY -:-:- X ANYAUTO B...:..o OWNED --:-:- AUTOS ONLY X HIRED -SCHEDULED -:-; ~~1<?8wNED...:...:. AUTOS ONLY _x AUTOS ONLY UMBREULA LIAS LJ OCCUR - EXCESS LIAS n CLAIMS-MADE DED I I RETENTIONs ~ORKERS COMPENSATION AND EMPLOYERS' LIABIUTY y 1 N ~.PROPRIETOR/PARTNER/EXECUTIVE fnl D OFFICER/MEMBER EXClUDED? ~ N/A (Mandatory in NH) E ~~;sc~r~i."8~ O't~PERA TIONS below Contractors Equipment Rented/Leased BA-6J AVVVCFL A ~~~~~~~~-+~--~ ~ BODILY INJURY (Per person) $ 04/11/ /11/2018 BODILY INJURY {Per accident) s EACH OCCURRENCE $ AGGREGATE $ $ s 1,000,000 $ Xl~ ~rure I XI.?JH- Includes USL&H 04/01/ /01/2018 E.LEACHACCIDENT $ 1,000,000 E.L DISEASE- EA EMPLOYEE S 1,000,000 07/12/ / DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES {ACORD 101, Additional Remarks Schedule, may be attached If more space is required) Agenda Item 6C E.L DISEASE- POLICY LIMIT $ 1,000,000 Any One Item $ $ CERTIFICATE HOLDER City of Atlantic Beach 800 Seminole Road Atlantic Beach l ACORD 25 (2016/03) FL CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ~\\...::::,-.,:~ ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD

53 tt! imit'''mi;, CGC The GENERAL CONTRACTOR Named below IS CERTIFIED Under the provisions of Chapter 489 FS. Expiration date: AUG31, 2018 STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD Agenda Item 6C BEDINGFIELD, SCOT FLANQERS HAYWARD CONSTRUCTION GROUP LLC SAN JOSE BLVD# 1003,: JACKSONVILLE FL ISSUED: 09/1 B/2016 DISPLAY AS REQUIRED BY LAW SEQ# l b5 STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD The BUILDING CONTRACTOR Named below IS CERTIFIED Under the provisions of Chapter 489 FS Expiration date: AUG 31, 2018 BEDINGFIELD, SCOT FLANDERS. HAYWARD CONSTRUCTION'GROUP LLC 2244 GARDENMOSS DR..... GREEN COVE SPRINGS, FL3i643 ISSUED: 08/30/2016 DISPLAY AS REQUIRED BY LAW SEQ # l r''rl*'"iid'@ol ;, CBC The BUILDING CONTRACTOR Named below IS CERTIFIED Under the provisions of Chapter 489 FS. Expiration date: AUG 31, 2016 STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD BEDINGFIELD, SCOT F HAYWARD CONSTRUCTION GROUP LLC 2244 GARDEN MOSS DR GREEN COVE SPRINGS FL ISSIJFO OR/10/2014 OI~PI AY A~ RFDIIIRFD BY LAW SEQ# L B The BUILDING contractor Named below 1:8 CERTIFIED Under the provisions o f: Chapter.489 FS. Expiration date: AUG 31, 2014' BEDINGFIELD, SCOT.: F.. HAYWARD CONSTRUCTION GROUP LLC 2244 GARDEN.MOSS DR GREEN COVE S~RINGS FL ~~WSON

54 Agenda Item 6C Hayward Construction Group LLC San Jose Blvd., Suite #1003 Jacksonville, FL References for City of Atlantic Beach Bid No (1) Florida Department of Environmental Protection Contact: Renee Paolini Office: Cell: Resident Park Manager Washington Oaks Gardens State Park Renee. us (2) Florida Department of Environmental Protection Contact: Matt Bledsoe Park Manager Gamble Rogers Memorial State Recreation Area at Flagler Beach Office: Cell: (3) Nassau County Board of County Commissioners Contact: Josephine Craver Engineer - Nassau County Public Works Office: x jcraver@nassaucountyfl. com (4) Jacksonville Contact: Office: Cell: Fire and Rescue Department Gary Daly JFRD Facilities Manager gdaly@coj.net (5) City of Jacksonville Contact: Michael Chao Contract Compliance Manager Office: I (904) MChao@coj.net

55 Agenda Item 6C EJCDC STANDARD FORM OF AGREEMENT BETWEEN Owner AND Contractor ON THE BASIS OF A STIPULATED PRICE THIS AGREEM ENT;s dated as of the 11 day of ::fana ~ in the year II. of 2018 by and between the City of Atlantic Beach, Florida (hereinafter d Owner) and m.4 t.uud c~nstn.u::t r& tllbt.c.p) LLc..., I (hereinafter called Contractor). Owner and Contractor, in consideration of the mutual covenants hereinafter set forth, agree as follows: 1.01 Work 1.02 Engineer A. Contractor shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as follows: The project consists of furnishing all supervision, labor, transportation, materials and equipment and performing all operations necessary for the site preparation and construction of a wooden ADA Viewing/Fishing Pier and parking area, and lawful disposal of debris, and any miscellaneous items not specifically described in this section but necessary to do the work. All work shall be performed in accordance with the Contract Documents for City Bid No A. The Project will be monitored by the Owner or his designated representative, who is hereinafter called Engineer and who is to act as Owner's representative, assume all duties and responsibilities and have the rights and authority assigned to Engineer in the Contract Documents in connection with completion of the Work in accordance with the Contract Documents Contract Time {) r\e h A The Work will be completed and ready for substantial completion within.ii)(tey :hpe.nl6 ~ (J:lD) ~of Notice to Proceed in accordance with paragraph of the General ~ Conditions. B. Liquidated Damages. Owner and Contractor recognize that time is of the essence of this Agreement and that Owner will suffer financial loss if the Work is not completed within the times specified in paragraph 1.03(A) above, plus any extensions thereof allowed in accordance with Article 11 of the General Conditions. They also recognize the delays, expense and difficulties involved in proving in a legal or arbitration proceeding the actual loss suffered by Owner if the Work is not completed on time. Accordingly, instead of requiring any such proof, Owner and Contractor agree that as liquidated damages for delay (but not as a penalty) Contractor shall pay Owner two hundred dollars ($200.00) for each day that expires after the t ime specified in paragraph 1.03(A) for final completion until the Work is completed.

56 Agenda Item 6C 1.04 Contract Price A. Owner shall pay Contractor for completion of the Work in accordance with the awarded contractor's Bid Form Payment Procedures A. Contractor shall submit Applications for Payment in accordance with Article 15 of the General Conditions. Applications for Payment will be processed by the Owner as provided in the General Conditions. 1. Progress Payments. Owner shall make progress payments on account of the Contract Price on the basis of Contractor's Applications for Payment as recommended by Engineer, on or about the 30th day of each month during construction as provided below. All progress payments will be on the basis of the number of units completed. a. Prior to completion, progress payments will be made in an amount equal to the percentage indicated below, but, in each case, less the aggregate of payments previously made and less such amounts as Engineer shall determine, or Owner may withhold, in accordance with paragraph of the General Conditions. Ninety percent (90%) of Work completed. One hundred percent (100%) of materials and equipment not incorporated in the Work (but delivered, suitably stored and accompanied by documentation satisfactory to Owner as provided in paragraph of the General Conditions). B. Final Payment. Upon final completion and acceptance of the Work in accordance with paragraph of the General Conditions, Owner shall pay the remainder of the Contract Price as recommended by Engineer as provided in said paragraph Interest A. All moneys not paid when due as provided in Article 15 of the General Conditions shall bear interest at the maximum rate allowed by law at the place of the Project Contractor's Representations A. In order to induce Owner to enter into this Agreement, Contractor makes the following representations: 1. Contractor has familiarized itself with the nature and extent of the Contract Documents, Work, site, locality, and all local conditions and Laws and Regulations that in any manner may affect cost, progress, performance or furnishing of the Work.

57 Agenda Item 6C 2. Contractor has studied carefully any reports of explorations and tests of subsurface conditions and drawings of physical conditions which are identified in the Supplementary Conditions as provided in paragraph 5.03 of the General Conditions, and accepts the determination set forth in paragraph SC 5.03 of the Supplementary Conditions of the extent of the technical data contained in such reports and drawings upon which Contractor is entitled to reply. 3. Contractor has obtained and carefully studied (or assumes responsibility for obtaining and carefully studying) all such examinations, investigations, explorations, tests, reports and studies (in addition to or to supplement those referred to in paragraph 1.07(A)(2) above) which pertain to the subsurface or physical conditions at or contiguous to the site or otherwise may affect the cost, progress, performance or furnishing of the Work as Contractor considers necessary for the performance or furnishing of the Work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents, including specifically the provisions of paragraph 5.03 of the General Conditions; and no additional examinations, investigations, explorations, tests, reports, studies, or similar information or data are or will be required by Contractorfor such purposes. 4. Contractor has reviewed and checked all information and data shown or indicated on the Contract Documents with respect to existing underground facilities at or contiguous to the site and assumes responsibility for the accurate location of said underground facilities. No additional examinations, investigations, explorations, tests, reports, studies, or similar information or data in respect of said underground facilities are or will be required by Contractor in order to perform and furnish the Work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents, including specifically the provisions of paragraph 5.04 of the General Conditions. 5. Contractor has correlated the results of all such observations, examinations, investigations, explorations, tests, reports, and studies with the terms and conditions of the Contract Documents.

58 Agenda Item 6C 6. Contractor has given Engineer written notice of all conflicts, errors, or discrepancies that he has discovered in the Contract Documents and the written resolution thereof by Engineer is acceptable to Contractor Contract Documents A. The Contract Documents which comprise the entire agreement between Owner and Contractor concerning the Work consist of the following: 1. This Agreement (pages 1 to 5, inclusive). 2. Performance and other Bonds (consisting of 2 pages). 3. Notice of Award. 4. General Conditions (pages 1 to 58, inclusive); Supplementary Conditions (pages SGC-1 to SGC-5, inclusive); Special Provisions pages to , inclusive). 5. Addenda. 6. Contractor's Bid (pages BFU-1 to BFU-5, inclusive). 7. Documentation submitted by Contractor prior to Notice of Award. 8. The following which may be delivered or issued after the Effective Date of the Agreement and are not attached hereto: All Written Amendments and other documents amending, modifying, or supplementing the Contract Documents pursuant to paragraphs 3.05 and of the General Conditions. B. There are no Contract Documents other than those listed above. The Contract Documents may only be amended, modified, or supplemented as provided in paragraphs 3.05 and of the General Conditions Miscellaneous A. Terms used in this Agreement which are defined in Article 1 of the General Conditions will have the meanings indicated in the General Conditions. B. No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and specifically but without limitation moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment. No assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. C. Owner and Contractor each binds itself, its partners, successors, assigns, and legal representatives to the other party hereto, its partners, successors, assigns, and legal representatives in respect of all covenants, agreements and obligations contained in the Contract Documents.

59 Agenda Item 6C IN WITNESS WHEREOF, Owner and Contractor have signed this Agreement in triplicate. One counterpart each has been delivered to Owner, Contractor, and Engineer. All portions of the Contract Documents have been signed or identified by Owner and Contractor or by Engineer on their behalf. This Agreement will be effective on --Cf -ff-_,ottw ~...la!'i..jo'~'-=' " -/-J./,7'--f/L------'' OWNER CONTRACTOR City of Atlantic Beach By: By:_ [CORPORATE SEAL] [CORPORATE SEAL] Attest: Attest: Address for giving notices: Address for giving notices: 1200 Sandpiper Lane /:J.o5~ SQA) '1Dsr ~ v d~joo~ Atlantic Beach, FL Q~ I ft- 3~~~~ (If Owner is a public body, attach evidence of authority to sign and resolution or other documents authorizing execution of this Agreement.) License No. Agent for service of process: (If Contractor is a corporation, attach evidence of authority to sign.) RYAN WILSON Notary Public - State of Florida

60 BID# City of Atlantic Beach Marsh Preserves ADA/Fishing Pier at Dutton Island Wednesday January 17, 2018 Core Construction Company Hager Construction Company Harbor Marine Dock Company Agenda Item 6C 3:00PM Hayward Construction Group Required Documents I Submission in Triplicate Document Requirements Checklist W-9 Form Bid Form Bid Bond -5% Drug Free Workplace Certification Public Entity Crimes Statement Public Records Provision Form New Vendor Information Form Insurance Proof of Experience - 5 years as General Contractor Qualifications: General Contractor's License References - 5 Agree to Base Bid Documentation of Receipt of any Addenda X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X NO - Building Contractor X X X X X X N/A N/A N/A X X X X NO -Business Check X X X X X X X X X N/A Grand Total- Base Bid Plus Contingency While verifying bids, a mathematical error was found within the extended costs of Core Construction. Line 1 -the extended cost was transposed; Lines 8 & 10 - multiplication errors. The difference in the Grand Total was $86.10 more than the written amount submitted. $261, $474, $270,943.~~ $188, Award of Bid based on Department Analysis and City Manager and/or Commission Approval

61 Agenda Item 6C l! \ \

62 Agenda Item 6C

63 Agenda Item 7A CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT AGENDA ITEM: SUBMITTED BY: DATE: Ordinance No First Reading and Public Hearing AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, EXTENDING THAT CERTAIN ORDINANCE NO , KNOWN AS THE "AUTOMOBILE SERVICE STATION MORATORIUM ORDINANCE," APPROVED AND ADOPTED BY THE CITY COMMISSION ON SEPTEMBER 12,2016, AS AMENDED BY ORDINANCE , APPROVED AND ADOPTED BY THE CITY COMMISSION ON AUGUST 28, 2017, FOR A PERIOD OF FOUR MONTHS FROM FEBRUARY 22, 2018 TO JUNE 22, 2018; PROVIDING FOR THE CONTINUED VALIDITY OF ALL OTHER PROVISIONS OF ORDINANCE NO , AS AMENDED BY ORDINANCE NO ; AND PROVIDING AN EFFECTIVE DATE. Shane Corbin, Community Development Director@ Derek W. Reeves, Planner /~ January 30, 2018 BACKGROUND: At its meeting on September 12,2016, the Commission approved and adopted Ordinance No , establishing a temporary moratorium for "automobile service station" establishments, as described in said ordinance. This moratorium was set to expire August 22, Commission approved and adopted Ordinance No amending the previous ordinance to extend the moratorium for six months to February 22, Over the last few months staff has been working on draft language addressing revisions to the code related to automobile service stations. On November 15, 2017, a joint meeting of the City Commission and Community Development Board was held on the topic. Draft language was written based on comments from the joint meeting and was discussed at the Town Hall meeting on January 27,2018. As work on the code revisions related to automobile service stations has not been completed, staff is proposing Ordinance that would amend and extend the moratorium to June 22,2018. BUDGET: None. RECOMMENDATION: To approve Ordinance No on first reading and move forward to the second reading and public hearing on February 26, ATTACHMENTS: Proposed Ord , Original moratorium-ord , First extension-ord REVIEWED BY CITY MANAGER: -~--'r""-----_::a4 =-- ---"-'

64 Agenda Item 7A DRAFT 1/29/2018 ORDINANCE NO AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, EXTENDING THAT CERTAIN ORDINANCE NO , KNOWN AS THE "AUTOMOBILE SERVICE STATION MORATORIUM ORDINANCE," APPROVED AND ADOPTED BY THE CITY COMMISSION ON SEPTEMBER 12, 2016, AS AMENDED BY ORDINANCE , APPROVED AND ADOPTED BY THE CITY COMMISSION ON AUGUST 28, 2017, FOR A PERIOD OF FOUR MONTHS FROM FEBRUARY 22, 2018 TO JUNE 22, 2018; PROVIDING FOR THE CONTINUED VALIDITY OF ALL OTHER PROVISIONS OF ORDINANCE NO , AS AMENDED BY ORDINANCE NO ; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Commission did, on September 12, 2016, approve that certain Ordinance No , known as the "Automobile Service Station Moratorium Ordinance," providing for a temporary moratorium with exemptions as to the filing and/or application for the establishment of certain businesses as more particularly described in said Ordinance No , within the City limits, through August 22, 2017; and WHEREAS, the City Commission on August 28, 2017 did approve and adopt Ordinance No extending the effectiveness of Ordinance through February 22, 2018; and WHEREAS, the City is currently reviewing draft legislation and holding public meetings in regards to automotive and convenience store land uses, but has not concluded its review of regulations regarding the subject businesses; and WHEREAS, the City Commission now desires to extend the temporary moratorium for an additional period of four months as contemplated and authorized in said Ordinance No , as amended by Ordinance No ; and WHEREAS, the extension of the temporary moratorium is in the best interest of the citizens of the City of Atlantic Beach. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSIONERS OF THE CITY OF ATLANTIC BEACH, FLORIDA, THAT: SECTION 1. Extension of Temporary Moratorium. The temporary moratorium established by Ordinance No , known as the "Automobile Service Station Moratorium", as amended by Ordinance No , is hereby extended from February 22, 2018 through June 22,

65 Agenda Item 7A DRAFT 1/29/2018 SECTION 2. Validity of Remaining Provisions. Except as amended in Section 1 above, all other provisions, terms and conditions of Ordinance No , as amended by Ordinance No , are hereby declared to remain in full force and effect and remain valid through June 22, SECTION 3. Effective Date. The effective date of this Ordinance shall be, the day the City Commission first took action towards adoption of this Ordinance to extend the temporary moratorium, in accordance with Smith v. Clearwater, 383 So. 2d 681 (Fla. 2d DCA 1980). This Ordinance shall not be codified. PASSED by the City Commission on first reading this_ day of PASSED by the City Commission on second and final reading this _ day of,2018. CITY OF ATLANTIC BEACH Attest: Ellen Glasser, Mayor Donna L. Bartle, City Clerk Approved as to form and correctness: Brenna M. Durden, City Attorney

66 Agenda Item 7A ORDINANCE NO AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, EXTENDING THAT CERTAIN ORDINANCE NO , KNOWN AS THE "AUTOMOBILE SERVICE STATION MORATORIUM ORDINANCE," APPROVED AND ADOPTED BY THE CITY COMMISSION ON SEPTEMBER 12, 2016, FOR A PERIOD OF SIX MONTHS FROM AUGUST 22, 2017 TO FEBRUARY 22, 2018; PROVIDING FOR THE CONTINUED VALIDITY OF ALL OTHER PROVISIONS OF ORDINANCE NO ; AND PROVIDING AN EFFECTIVE DATE..,, WHEREAS, the City Commission did, on September 12, 2016, approve that certain Ordinance No , known as the "Automobile Service Station Moratorium Ordinance," providing for a temporary moratorium with exemptions as to the filing and/or application for the establishment of certain businesses as more particularly described in said Ordinance No , within the City limits, through August 22, 2017; and WHEREAS, the City has not concluded its review of regulations regarding the subject businesses; and WHEREAS, the City Commission now desires to extend the temporary moratorium for a period of six months as contemplated and authorized in said Ordinance No ; and WHEREAS, the extension of the temporary moratorium is in the best interest of the citizens of the City of Atlantic Beach. NOW, therefore, BE IT ORDAINED BY THE CITY COMMISSIONERS OF THE CITY OF ATLANTIC BEACH, FLORIDA, THAT: SECTION 1. Extension of Temporary Moratorium. The temporary moratorium established by Ordinance No , known as the "Automobile Service Station Moratorium" is hereby extended from August 22, 2017 through February 22, SECTION 2. Validity of Remaining Provisions. Except as amended in Section 1 above, all other provisions, terms and conditions of Ordinance No are.hereby declared to remain in full force and effect and remain valid through February 22, SECTION 3. Effective Date. The effective date of this Ordinance shall be Au~vs r , the day the City Commission.firsttook action towards adoption of

67 Agenda Item 7A this Ordinance to extend the temporary moratorium, in accordance with Smith v. Clearwater, 383 So. 2d 681 (Fla. 2d DCA 1980). This Ordinance shall not be codified. PASSED by the City Commission on first reading this 14th day of August, PASSED by the City Commission on second and final reading this 28th day of August, Mitchell E. Reeves, Mayor Donna L: Bartle, City Clerk Approved as to orm and correctness:

68 Agenda Item 7A ORDINANCE NO AN ORDINANCE OF THE CITY COMMISSION FOR THE CITY OF ATLANTIC BEACH, FLORIDA, DECLARING A MORATORIUM WITH EXEMPTIONS AS TO THE FILING AND/OR APPLICATION FOR THE ESTABLISHMENT OF BUSINESSES KNOWN AS AUTOMOTIVE SERVICE STATIONS, AUTOMOTIVE SERVICE-MINOR, AUTOMOTIVE REPAIR-HEAVY, CAR WASHES AND CONVENIENCE FOOD STORES WITH FUEL/GASOLINE SALES WITHIN AREAS OF THE CITY WHICH ARE ZONED COMMERCIAL LIMITED ("CL"), COMMERCIAL GENERAL ("CG"), LIGHT INDUSTRIAL AND WAREHOUSING ("LIW") OR SPECIAL PLANNED AREAS ("SPA"); PROVIDING PROIDBITION AND SUSPENSION OF ANY SUCH ZONING AND PERMITTING APPROVAL WITH EXEMPTIONS; PROVIDING THAT SAID MORATORIUM SHALL BE IN EFFECT UNTIL AUGUST 22, 2017, UNLESS TERMINATED BY THE CITY COMMISSION AT AN EARLIER DATE; PROVIDING FOR LEGISLATIVE FINDINGS, INTENT AND PURPOSE; PROVIDING FOR DEFINITIONS; PROVIDING FOR ZONING DISTRICTS SUBJECT TO THE MORATORIUM; PROVIDING FOR SEVERABILITY; PROVIDING FOR THE REPEAL OF LAWS IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Article VIII, Section 2 of the Florida Constitution provides that municipalities shall have governmental, corporate and proprietary powers to enable municipalities to conduct municipal government, perform municipal functions and render municipal services; and. WHEREAS, pursuant to the referenced provision of the Florida Constitution, a city may exercise any power for municipal purposes except as otherwise provided by law; and WHEREAS, Chapter 166, Florida Statutes, the "Municipal Home Rule Powers Act", reinforces the authority granted under the Florida Constitution and authorizes municipalities to exercise any power for municipal purposes, except when expressly prohibited by law and to enact ordinances in further thereof; and WHEREAS, the City wants to review whether automotive service stations, automotive serviceminor, automotive repair-heavy, car washes and convenience food stores with fuel/gasoline sales (hereinafter collectively "Automobile Service Stations") should be allowed in areas zoned CL, CG, LIW and SPA, and, if so, under what conditions and review standards; and WHEREAS, the City Commission for the City of Atlantic Beach, Florida desires to protect individual rights, while at the same time promoting the health, safety and welfare of the people, including the compatibility of development and aesthetic impacts of development in the City; and WHEREAS, in order to ensure the uniform enforcement of existing laws and preserve the public peace and good order and to safeguard the health, safety, morals and welfare of the community and Ordinance No

69 Agenda Item 7A citizens thereof, it is necessary and advisable to enact a temporary moratorium on the permitting approvals of certain Automobile Service Station facilities in the City; and WHEREAS, the City Commission for the City of Atlantic Beach, Florida finds it necessary for the promotion of the public safety and welfare that this Ordinance be enacted; and WHEREAS, at the City Commission meeting held on July 11, 2016, the Commission discussed a potential moratorium on Automobile Service Station facilities and directed the City Attorney to prepare a draft ordinance and to place it on the July 25,2016 meeting agenda for discussion purposes; and WHEREAS, a draft of this Ordinance dated July 14,2016 was included in the Agenda Packet for the July 25, 2016 City Commission meeting for discussion purposes; and WHEREAS, on July 25, 2016, the City Commission did review and discuss a draft of this Ordinance and directed that it be placed on the Commission's August 8, 2016 meeting agenda for first reading; and WHEREAS, implementation of this Ordinance is in the best interest of the citizens ofthe City of Atlantic Beach. NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSIONERS OF CITY OF ATLANTIC BEACH, FLORIDA, THAT: SECTION 1. RECITALS. The aforementioned recitations are incorporated herein by reference. SECTION 2. TITLE This Ordinance shall be known and may be cited as the "Automobile Service Station Moratorium Ordinance". SECTION 3. DEFINITIONS For the purpose of this Ordinance, the following terms are defined as follows: (a) "automotive service stations" has the same meaning as "service station-automotive" set forth in Section ofthe City's Land Development Regulations. (b) "automotive service- minor" and "automotive repair- heavy" have the same meanings as set forth in Section of the City's Land Development Regulations Ordinance No

70 Agenda Item 7A (c) "car wash" has the same meaning as set forth in Section of the City's Land Development Regulations. (d) "convenience food stores with fuel/gasoline sales" means retail outlets for a variety of products such as dairy, bakery, snack foods, beverages (alcoholic and non-alcoholic), tobacco, grocery, health and beauty aids, fast foods to go, meats and produce, and includes dispensing of fuels and other automotive goods and related services. The term does not include supennarkets. Generally these stores are less than 7,500 square feet in size. These stores may also include sit-down restaurant areas. (e) Taken together, the terms "automotive service station," "automotive service-minor," "automotive repair-heavy," "car wash" and "convenience food stores with fuel/gasoline sales" shall be referred to collectively herein as "Automobile Service Stations." SECTION 4. ZONING DISTRICTS SUBJECT TO THE MORATORIUM This Ordinance shall be applicable to all properties zoned as Commercial Limited ("CL"), Commercial General ("CG"), Light Industrial and Warehousing ("LIW") or Special Planned Areas ("SPA"), located within the boundaries of the City of Atlantic Beach. SECTION 5. INTENT The intent of the City Commission acting as the governing body of the City of Atlantic Beach, Florida in adopting this Ordinance is to prohibit, subject to the provisions of this Ordinance, the growth of Automobile Service Stations, in areas that are zoned as CL, CG, LIW and SPA Zoning Districts within the City of Atlantic Beach until the City Commission has had an opportunity to review and if necessary, amend the regulations relating to the permitting and approval of Automobile Service Stations. SECTION 6. TEMPORARY MORATORIUM AND EXEMPTIONS A tempormy moratorium is hereby established to prohibit filing and/or application for zoning or permitting of Automobile Service Stations and suspending the process of any zoning or permitting for Automobile Service Stations within areas zoned CL, CG, LIW and SPA. This temporary moratorium shall not apply to and the following are expressly exempt from this temporary moratorium: Gate Petroleum, Inc. project located at 501, 535, 541 Atlantic Boulevard; and any Automobile Service Stations which are established and conducting business as of the effective date of this Ordinance. This temporary Ordinance No

71 Agenda Item 7A moratorium shall be in place from the effective date of this Ordinance through August 22, The City Commission may rescind this moratorium or extend this moratorium for periods of up to six months. SECTION 7. ENFORCEMENT, PENALTIES AND INJUNCTIVE RELIEF The City's code enforcement officer, law enforcement or any other person authorized to enforce ordinances in the City of Atlantic Beach may enforce the provisions of this Ordinance. Any enforcement action or legal remedy available under controlling state law, including but not limited to, prosecution as a misdemeanor with a fine not exceeding Five Hundred Dollars ($500.00) or by imprisonment for a term not exceeding sixty (60) days or by both fine and imprisonment, may be imposed as a penalty. Nothing contained herein shall prevent the City from taking such other lawful action in law and equity as may be necessary to remedy any violation of, or refusal to comply with, any part of this Ordinance, including but not limited to: (a) (b) (c) Code enforcement action pursuant to City of Atlantic Beach Ordinances; Pursuit of injunctive and/or declaratory relief in a court of competent jurisdiction; Initiating an action to recover any and all damages that may result from a violation of, or a refusal to comply with, any part of this Ordinance; or (d) Utilizing any other action or enforcement method allowable by law. SECTION 8. REPEAL OF LAWS IN CONFLICT All Ordinances or parts of Ordinances in conflict herewith are repealed to the extent of such conflict. SECTION 9. SEVERABILITY If any section, subsection, sentence, clause, phrase, or provision of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not be construed to render the remaining provisions of this Ordinance invalid or unconstitutional Ordinance No

72 Agenda Item 7A SECTION 10. EFFECTIVE DATE The effective date of this Ordinance shall be July 25, 2016, the day the Commission first took action towards adoption of the moratorium, in accordance with Smith v. Clearwater, 383 So. 2d 681 (Fla. 2d DCA 1980). This Ordinance shall not be codified. PASSED by the City Commission on first reading this 8 1 h day of August, 2016, PASSED by the City Commission on second and final reading this 12th day of September, CITY OF ATLANTIC BEACH Attest: Mitchell E. Reeves, Mayor Donna L. Bartle, City Clerk Approved as to form and cmtectness: Ordinance No

73 Agenda Item 7B DRAFT 1/31/2018 ORDINANCE NO AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA REPEALING SECTION 2-19 OF THE CODE OF ORDINANCES, RULES OF CONDUCT AND PROCEDURE AT MEETINGS, SUBSECTION (7), THE ORDER OF BUSINESS, OF THE CITY COMMISSION; ADOPTING NEW SECTION 2-19(7); PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; AND PROVIDING FORAN EFFECTIVE DATE. WHEREAS, Section 2-19 of the Code of Ordinances establishes rules of conduct and procedure for City Commission meetings; and WHEREAS, subsection (7) of said Section 2-19 establishes a specific order of business for all types of business to come before the City Commission; and WHEREAS, said subsection (7) effectively governs the placement of various items, topics and announcements on the City Commission meeting agendas; and WHEREAS, at several public meetings, the City Commission has discussed possible changes to the order of business set forth in subsection (7) and determined that it is desirous of changing the specific order of business set forth in subsection (7). NOW, THEREFORE, BE IT ENACTED BY THE CITY COMMISSION ON BEHALF OF THE PEOPLE OF THE CITY OF ATLANTIC BEACH, FLORIDA: SECTION 1. Recitals. The recitals set forth above are true and incorporated as if set forth herein. SECTION 2. Repeal and Replacement of Section 2-19(7). Code of Ordinances. Section 2-19(7) of the Code of Ordinances is hereby repealed in its entirety and new Section 2-19 (7) is hereby adopted, all as shown on Exhibit A attached hereto and made a part hereof. SECTION 3. Conflict. All Ordinances or parts of Ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION 4. Severability. If any section, subsection, sentence, clause, phrase, or provision of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding

74 Agenda Item 7B shall not be construed to render the remaining provisions of this Ordinance invalid or unconstitutional. SECTION 5. Effective Date. This ordinance shall take effect immediately upon its final passage and adoption. PASSED by the City Commission on first reading this_ day of, PASSED by the City Commission on second and final reading this_ day of CITY OF ATLANTIC BEACH Attest: Ellen Glasser, Mayor Donna L. Bartle, City Clerk Approved as to form and correctness: Brenna M. Durden, City Attorney

75 Agenda Item 7B EXHIBIT A Section Rules of Conduct and Procedures at Meetings. (7) Rule 7. The order of business shall be as follmvs: a. /~pproval of minutes or preceding meetings; b. Courtesy of floor to any visitors who desire to bring a matter to the city commission's attention; c. Unfinished business of preceding meeting; d. Consent agenda; e. Report of committees; f. i\ction on resolutions; g. /~ction on ordinances; h. Miscellaneous business; i. City manager reports; j. Reports and/or requests from city commissioners and city attorney. NEW SECTION 2-19(7) TO READ AS FOLLOWS: (7) Rule 7. The order of business shall be as follows: a. Approval of minutes or preceding meetings: b. Courtesy of floor to any visitors who desire to bring a matter to the city commission's attention: c. City manager reports: d. Reports and/or requests from City Commissioners: e. Unfinished business of preceding meeting: f. Consent agenda: g. Report of committees: h. Action on resolutions: i. Action on ordinances: j. Miscellaneous business: k. City Attorney/City Clerk reports and.for requests: and l. Closing comments by City Commissioners and City Manager. if desired

76 Agenda Item 8B CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT AGENDA ITEM: SUBMITTED BY: DATE: PLAT Public Hearing Request for re-plat approval as required by Chapter 24, Aliicle 4 of the Code of Ordinances at Atlantic Beach Subdivision A, Lots 2, 4, 6, 8, 10, and 12 Block 2 (54 East Coast Drive, 329, and 331 Ahem Street). Derek W. Reeves, Planner /.;e..._ January 30, 2018 BACKGROUND: The applicant is Ahem TH Project LLC, the company that owns 54 East Coast Drive, 329 and 331 Ahern Street in the Residential General, Multi-family (RG-M) zoning district. These propetiies have been acquired over the last couple of years and will be combined into a single development project. All together the property is 300 feet by 130 feet for a total of 39,000 square feet or about 0.9 acres. The applicant plans to build a 12 unit townhouse project comprised of 4 buildings, each with 3 townhomes. The propetiy is located within the Residential Medium (RM) Future Land Use designation, which allows up to 14 units per acre. At 0.9 acres, the maximum number of units allowed is 12.6 and is therefore rounded down to 12 units. This is fmiher called out in the Section 24-88(a) requirement for new townhomes to have at least 3,100 square feet oflot area per townhome. Each proposed lot exceeds this requirement at 3,199 square feet or more in lot area. This plat is before Commission as Section requires any division of land resulting in three or more lots to be platted and Section requires Commission approval of plats. As required by Section (b ), the applicants have presented preliminary engineering plans that have been reviewed by the City's Public Works, Public Utilities, Building and Community Development depmiments. These reviews are not an approval, but rather a proof of concept. Fmmal reviews are done at permitting. The Community Development Board reviewed this plat at their July 18, 2017 meeting where they recommended approval to the City Commission in a unanimous vote. BUDGET: RECOMMENDATION: None. From the CDB: To approve PLAT ATTACHMENTS: PLAT application, CDB StaffReport, CDB Minutes. REVIEWED BY CITY MANAGER:,.~---Aar= -=-=--=-... ~

77 Agenda Item 8B APPLICATION FOR REVIEW OF SUBDIVISION CONCEPT PLAN City of Atlantic Beach 800 Seminole Road Atlantic Beach, Flo1 ida Phone: (904) FAX (904) Date 3/12/17 File No. _ Ahern TH Project LLC I. Applicant's Name Applicant's Address _...:; 8..:.. 30.:...:.. 13:;_A...:;1.:..;.A..:..N:...:...;;. #..:.. 12;;.;0..:..P...:o..:..n..:.: te..:..v:...:ec.::.dc.::.ra:...:b:...:e:..::a..:..:ch 2,..:...F.:..::Io.:..;.rid::..:a::...c3:..:2:..:.0..:..:82= Property Location 329,331 Ahern & 54 East Coast 4. Property Appraiser's Real Estate Number 1:.c:.6-=-97'-4:.::2...:-00:...::..=..00::..!.,--'-1..:.. 69:;_7--'-4..: :. 0...:;. 00:;_0:..:..,..:..: &...: 1..;;.. 69;;.;7...::3..: :;- 0...:;. 0.:..;.00: Current Zoning Classification A_M 6. Comprehensive Plan Future Land Use designation R_M 7. Size of Parcel _...:L:;:.:;e;.:;. ss::...t"""' hc:;:. an;.:...:.. 1.:..cAc.:;.; cr-=. e as established by Section :$zso~ I HEREBY CERTIFY THAT ALL INFORMATION PROVIDED WITH THIS APPLICATION IS CORRECT: Signature of owner(s) or authorized person if owner's authorization form is attached: Pdnted or typ~ ~ J!1 MrrJ! Signulure(s)' --l..,rj: u/!1% ADDRESS AND CONTACI" INFORMATION OF PERSON TO RECEIVE ALL CORRESPONDENCE REGARDING THIS APPLICATION Name: Jeff Miller I Mgr Mailing Address: A1A N #120, Ponte Vedra Beach, Florida r/.-.,-. Phone: Sfo 2 -..S 1_ 2 -)~ ) '( FAX: jmlller@hawksbay.com

78 Agenda Item 8B PROJECT DESCRIPTION Ahern Townhomes Atlantic Beach, Florida The project involves the construction of 4 buildings with 3 townhome units with associated infrastructure at the intersection of Ahern Street and East Coast Drive. I PRE-DEVELOPMENT SITE INFORMATION This 0.9 acre piece was previously developed and was occupied by one single family home as well as a triplex residential unit until The property drained to the public infrastructure along Ahern Street and East Coast Drive. Due to its proximity to the ocean, we have noted through site visits that the soil is very sandy with a low groundwater table. POST -DEVELOPMENT SITE INFORMATION This project will bring 4 townhome buildings with pervious parking and paver courtyards. All stormwater runoff will be collected and taken to two dry swales along the northside of the project. The ponds have been sized to provide treatment to dry retention standards of the F.A.C. and attenuate the 25 year 24 hour and mean annual storm events. Due to the total size of the project (0.90 acres) and with an impervious area less than 2 acres, this pem1it is being processes as a I 0/2 Self Certification through the FDEP website. I Maintenance The applicant will be responsible for all maintenance.

79 Agenda Item 8B ATTACHMENT A Figures

80 Agenda Item 8B S t L (/) il 0 > ' Diltl<.lll I I nd R(l w 1 ( utll ys t ' } Hd!i) ~11 I IV 'lltl s I "' 0 1JI/j $ t It: Lewl St o or,,s r "' 1 Rob rt St ~ 1., ;:; "" c: J.:~ckso n Rd ~ u. A1d e ll ~t Rd 1 )> IJ c: tt e (\ ' Dr I 0 0flr)., ~" Salfl/:.1, Or Amb rj ncl< Lit UonJ tnru Hee111n or Subo' Or ~ ~ - ~ - ""''I o S \1 m 6 ~ ~\II.., ~ Flo 1:!... Triton d ~ V4!CI 1Mi.l Rd ':;' c Vll lli! Hcl \ ~ ~ \11, Q, 7\h S l ~ t '0 ~.:J. y: j:j... G. ~ r.~ ~ ~ q fh, coun!r> Club L n 'Q ~ Cir tt Atlantic ; Beach ~(:- ":i 1 G\h Sl 15\11 $ 1 11\lh S l I U th SI "' 1:lth S\g " ' - 1'\ 0 1'\ "' Q :::1 ] i, li he fj iv tl C\1 { ' R -~ I A $ R-A1A N IJ lloll(l I' G /l.-.. t\ 0 -, -o n ::1 3., " ':I Ced~r 5 1 ;t " <a t:' ::l Vi~ ::> ~ ;r: ;o Q a., ~ ~ Nonh, t For ~ t Av 0 l.., ~ ~ 4::> 0 ~ tjj florldo Blv~t ~ o ~,;) ;:; S uth St S - "eor l 0 o.. -;t ~ll l.n So.urces: ~ sri, HERE, Delo~e \:!~.Gt\ ' ( lptermap',)noremenli P. NRCan, ~? "in, ~ E!i.rl Japan, METI, E,sri Chin<;~ (Hong Kong), Esri, Ks>re~ Esri (Thailand), ~ 1 "<J Mapmylndia, NGCC?..OpenSUee imapfcontributors, and U1e GIS User I ' 1 HeP.tune 1, Beach \1'on"SI r;>rnntf st 1 ~ s: Ill 12 -, '" ~ ~ 'J.. ~t'" "' ~ My r \ IJ>\ :z ~ o,n~ s 'i! Pin S ~ oll ns\ ~ t~~----~~~~~------~ ~c=o~m~m~u~n~i~~--~~---- ~~~~, ~------~- ~ _J AHERN TOWN HOMES City of Atlantic Beach Vicinity Map March 7, 2017 So'"~ ' 0 Bing. DomW. Boalwt l gh~ P.S.M. Prossorlnc. PROSSER ==::1 Miles

81 Agenda Item 8B Legend AHERN TOWN HOMES City of Atlantic Beach Aerial Photograph March 7, 2017 Sour~: Bing. Do,..,W, Bootv.tlgh~P.S.M, Du\411 CoUflly, Prosser In' PROSSER CO :=:::J60Feet

82 Agenda Item 8B Legend c:::j Subject Property ~ Zone X- Outside 0.2% Annual Chance Floodplain AHERN TOWN HOMES City of Atlantic Beach FEMA March 7, PROSSER ===:J Feet

83 Agenda Item 8B ~. Subject Property 0 March 7, PROSSER" ==:::::1 Miles

84 Agenda Item 8B Legend c:::j Subject Property 69- URBAN LAND AHERN TOWN HOMES City of Atlantic Beach Soils March 7, 2017 SoLCce: Bing. NRCS, DannW. Boalwrl gll~ P.5.M. Duwl Coooly, Pro!Itt Inc. PROSSER.

85 Agenda Item 8B Legend ~ Central Business District (CBD) Residential Low Density (RL) AHERN TOWN HOMES City of Atlantic Beach Future Land Use March 7, 2017 Source: Bing. Donn W. Boolv.Tight P.SJ.I, City of Allanite Bolich, OwaiCounty, Prouer Inc. PROSSER.. 0 o 3co =::::JsoFeet

86 Agenda Item 8B Legend c::j Subject Property AHERN TOWN HOMES City of Atlantic Beach Topography March 7, 2017 Sour a : Bin~ DoMW. Boatwo l gh~ P.S.M. Du"'l Counly, Prosser Inc. PROSSER. f) o -=30=::::::J60Feet

87 AHERN TO-wNHOl\fES I PLAT BOOK PAGE A Replat of Lots 2, 4, 6, 8, 10 and 12, Block 2, Plat No. 1 Subdivision "A" Atlantic Beach, as Recorded in Plat Book 5, Page 69 of the Current Public Records of the City of Jacksonville, City of Atlantic Beach, Duval County, Florida. Agenda Item 8B SHEET 1 OF 2 SHEETS SEE SHEET 2 FOR LEGEND.cAEllilJ::I. LOTS 2, 4, 5, 8, 10 AND 12, BLOCK 2, PLAT NO. 1 SUBDIVISION A ATLANTIC BEACH, AS RECORDED IN PLAT BOOK 5, PAGE 69 OF THE CURRENT PUBLIC RECORDS OF DUVAL COUNTY, FLORIDA. General Notes 1. BEARINGS SHOWN HEREON ARE BASED ON THE NORTHERLY RIGHT OF WAY OF AHERN STREET AS S83"21'5o w, PER STATE PLANE COORDINATE SYSTEM, FLORIDA EAST ZONE (NAD NGS ADJUSiMENTS.) N i62] DENOTES COORDINATES REFERENCED DATUM FLORIDA EAST E ~ ZONE NAD 1983/1990 NGS ADJUS'TMENT. 2. THIS DRAWING MAY HAVE BEEN ENLARGED OR REDUCED FROM THE ORIGINAL UTILIZE THE GRAPHIC SCALE AS SHOWN. 3. NOTICE: THIS PLAT, AS RECORDED IN ITS GRAPHIC FORM, IS THE OFFICIAL DEPICTION OF THE SUBDIVIDEO LANDS DESCRIBED HEREIN AND IMLL IN NO CIRCUMSTANCES BE SUPPLANTED IN AUTHORITY BY ANY OTHER GRAPHIC OR DIGITAL FORM OF THE PLAT. THERE MAY BE RESTRICTIONS THAT ARE NOT RECORDED ON THIS PLAT THAT MAY BE FOUND IN THE: PUBLIC RECORDS OF THIS COUNTY. (FLORIDA STATUTE ) 4. THE LANDS SHOWN HEREON LIE WITHIN FLOOD ZONE ~x~ (UNSHAOED. AREAS DETERMINED TO BE OUTSIDE THE 0.2::: ANNUAL CHANCE FLOODPLAIN) AS SHOWN ON FLOOD INSURANCE RATE MAP 0409H, COMMUNITY NUMBER , DATED JUNE 3, HOWEVER, FLOOD INSURANCE RATE MAPS ARE SUBJECT TO CHANGE. 5. ALL PLA TIED UTILITY EASEMENTS SHALL ALSO BE EASEMENTS FOR THE CONSTRUCTION, INSTALLATION, MAINTENANCE, AND OPERATION OF CABLE TELEVISION SERVICES; PROVIDED HOWEVER, NO SUCH CONSTRUCTION, INSTALLATION, MAINTENANCE, AND OPERATION OF CABLE TELEVISION SERVICES SHALL INTERFERE WITH THE FACILITIES AND SERVICES OF AN ELECTRIC, TELEPHONE, GAS, OR OTHER PUBLIC UTILITY. 6. 'JEA-E.' DENOTES JEA EASEMENT. THESE EASEMENTS SHALL REMAIN TOTALLY UNOBSiRUCTEO BY ANY PERMANENT IMPROVEMENTS WHICH MAY IMPEDE THE USE OF SAID EASEMENT BY THE JEA. THE INSTALLATION OF FENCES, HEDGES, AND LANDSCAPING IS PERMISSIBLE BUT SUBJECT TO REMOVAL BY JEA AT THE EXPENSE OF EACH LOT OWNER FOR THE REMOVAL AND FOR REPLACEMENT OF SUCH ITEMS. 7. 'JEA-E.E.' DENOTES JEA EQUIPMENT EASEMENT. THESE EASEMENTS SHALL REMAIN TOTALLY UNOBSTRUCTED BY ANY IMPROVEMENTS THAT MAY IMPEDE THE USE ANO ACCESS OF SAID EASEMENT BY JEA. 8, CERTAIN EASEMENTS ARE RESERVED FOR JEA FOR USE IN CONJUNCTION WITH THE UNDERGROUND DISTRIBUTION SYSTEM. 9, THERE MAY BE ADDITIONAL RESTRICTIONS THAT ARE NOT ON THIS PLAT THAT MAY BE FOUND IN THE PUBLIC RECORDS OF THIS COUNTY. 10. OVERALL SITE ACREAGE = 0.89 ACRES± AQOfTION AND DED!CA]ON THIS IS TO CERTlFY THAT AHERN TH PROJECT LLC, A LIMITED LIABILITY COMPANY UNDER THE LAWS OF THE STAiE OF FLORIDA, HEREINAFTER REFERRED TO AS THE "OWNER", IS THE LAWFUL OWNER OF THE LANDS DESCRIBED IN THE CAPTION HEREON KNOWN AS AHERN TOWNHOMES, HAVINC CAUSED '!l-ie SAME TO BE SURVEYED AND SUBDIVIDED. THIS PLAT BEING MADE IN ACCORDANCE WITH SAID SURVEY IS HEREBY ADOPTED AS A TRUE AND CORRECT PLAT OF SAID LANDS. NO PART OF SAID LANDS IS DEDICATED TO THE CITY OF ATLANilC BEACH, STATE OF FlORIDA, OR TO THE PUBLIC, ALL EASEMENTS DESIGNATED AS JEA-E. ARE HEREBY IRREVOCABLY DEDICATED TO JEA, ITS SUCCESSORS AND ASSIGNS, FOR ITS NON-EXCLUSIVE USE IN CONJUNCTION WITH ITS UNDERGROUND ELECTRICAL SYSTEM; PROVIDED HOWEVER, THAT NO PARALLEL UTILITIES MAY BE INSTALLED WITHIN SAID EASEMENTS, ALL EASEMENTS DESIGNATED ON THIS PLAT AS "JEA-E.E. ARE HEREBY IRREVOCABLY DEDICATED TO JEA, ITS SUCCESSORS AND ASSIGNS, FOR ITS EXCLUSIVE USE IN CONJUNCTION WITH ITS UNDERGROUND ELECTRICAL SYSTEM. ALL EASEMENTS DESIGNATED ON THIS PLAT AS, ACCESS & DRAINAGE EASEMENT AND UTILITY EASEMENT, ARE AND SHALL REMAIN PRIVATELY OWNED AND THE SOLE AND EXCLUSIVE PROPERTY OF THE RESPECTIVE OWNER THEREOF, AND ITS successors AND ASSIGNS AND GRANTEES OF SAID EASEMENTS. IN WITNESS THEREOF, THE UNDERSIGNED OWNER HAS EXECUTED THIS PLAT ON THIS DAY OF 20. AHERN!H pgo.iect I! C A fl OR!QA I!MilfP I IAA!!!TV COMPANY \'!1NESS' PRINT NAME: WITNESS: PRINT NAME: JEFF MILLER MANAGING MEMBER NOTARY for AHERN JH pro.!ect I! c A f1 ORIQA! IM!lED I lab!! ITI CQMPANY THE FOREGOING INSTRUMENT WAS ACKNOWI..EDGEO BEFORE ME THIS_ DAY OF , BY JEFF MILLER, MANAGING MEMBER OF AHERN TH PROJECT, LLC, A FLORIDA LIMITED LIABILITY COMPANY UNDER THE LAWS OF THE STATE OF FLORIDA, ON BEHALF OF THE COMPANY. HE IS PERSONALLY KNOWN TO ME. NOTARY PUBLIC STATE OF FLORIDA AT LARGE MY COMMISSION EXPIRES: SERIAL NO.--- CITY OF ATI ANTIC BEACH AppROVAl THIS IS TO CERTIFY THAT THIS PLAT OF AHERN TOWNHOMES HAS BEEN EXAMINED AND APPROVED BY THE CITY COMMISSION OF ATLANTIC BEACH "THIS DAY OF 20_, MAYOR C1 fr!(s CfRDEJCADQN CLERK THIS IS TO CERTIFY THAT THIS PLAT OF AHERN TOWNHOMES HAS BEEN EXAMINED AND APPROVED AND THAT IT COMPLIES IN FORM WITH THE REQUIREMENTS OF CHAPTER 177, FLORIDA STATUTES, AND SUBMITTED TO ME FOR RECORDING AND IS RECORDED IN PLAT BOOK -~ PAGES OF THE CURRENT PUBLIC RECORDS OF DUVAL COUNTY, FLORIDA ON THIS DAY OF 20_. RONNIE FUSSELL CLERK OF CIRCUIT COURT APPROVfD EOR JHE RfCORQ DEPUTY CLERK THIS IS TO CERTIFY THAT THE ABOVE PLAT HAS BEEN EXAMINED, ACCEPTED AND APPROVED BY THE CITY OF ATLANTIC BEACH, DUVAL COUNTY, FLORIDA, PURSUANT TO CHAPTER 24, OF THE CODE OF ORDINANCES. ~~~TT=-::1'!:;-ll;-:IA;-:M:::S DIRECTOR OF PUBLIC WORKS DATE: PLAT CQNEQRM!TY RfY!fW THIS PLAT HAS BEEN REVIEVI'ED AND FOUND IN COMPLIANCE WITH PART 1, CHAPTER 177, FLORIDA STATUTES, THIS DAY OF--~ 20_. BY' PRINT NAME: PROFESSIONAL LAND SURVEYOR NUMBER --- PRINT NAME: IRVfYOR'S CfRTIEJCAJE THIS IS TO CERTIFY THAT THE ABOVE PLAT IS A TRUE AND CORRECT REPRESENTATION OF THE LANDS SURVEYED, PLATTED AND DESCRIBED ABOVE, THAT THE SURVEY WAS MADE UNDER THE UNDERSIGNED'S RESPONSIBLE DIRECTION AND SUPERVISION, THAT THE SURVEY DATA COMPLIES WITH ALL REQUIREMENTS OF FLORIDA STATUTES CHAPTER 177, THAT THE PERMANENT REFERENCE MONUMENTS HAVE BEEN PLACED ACCORDING TO THE LAWS OF THE STATE Of FLORIDA AND THE CURRENT REGULATIONS OF THE CITY OF JACKSONVILLE. SIGNED THE DAY OF 20.. GREGORY B. CLARY REGtSTERED LAND SURVEYOR NO l.bnc,j7j1 JI!JO CRO\'o111 f>o!nt ROAD JACKSONVIW:.FLORIOA322l:i7 (1104):ZUD-:Z70J

88 ~ r;r 1.3 AHERN TO-wNHOlVt:ES A Replat of Lots 2, 4, 6, 8, 10 and 12, Block 2, Plat No. 1 Subdivision "A" Atlantic Beach, as Recorded in Plat Book 5, Page 69 of the Current Public Records of the City of Jacksonville, City of Atlantic Beach, Duval County, Florida. 11 Pl-AT NO 1 subdivision "A.. ATLANTIC ge.ach BLoCK 2- p.8-5. pg " 1-;. " tt:l rn..;j (l '>o ~->»t/). g,_;j PLAT BOOK Agenda Item 8B SHEET 2 OF 2 SHEETS SEE SHEET 1 FOR GENERAL NOTES THERE ARE 12 LOiS ON THIS PLAT SCALE: 1., 600' PAGE : 0 " 1 ~ 7 5 GRAPHIC SCALE f,f ~ ~ 1>:>:>>>>< <>< :1 LEGEND R\W = RIGHT-OF-WAY O.R.B. OffiCIAL RECORDS BOOK P.B. = PLAT BOOK PG.(S).., PAGE(S) S, F. = LOT AREA IN SQUARE FEET C.M.... CONCRETE MONUMENT JEA-E. "" JEA EASEMENT JEA-E.E, "" JEA EQUIPMENT EASEMENT A.&D.E... ACCESS & DRAINAGE EASEMENT G,.. SET 4~x 4" PERMANENT REFERENCE MONUMENT STAMPED "P.R.M. L8 3731" (UNLESS NOTED OTHER'MSE) "' SET NAIL &: DISK "PRM L8 3731" LaNC,J731 JBJO CRO\WII?OINT ROAD JACI<SONVIW:.f1.CRIDA32257 (Oo+)26D-27aJ WNW,CLARYI\SSOC,CO!.!

89 Agenda Item 8B CITY OF ATLANTIC BEACH COMMUNITY DEVELOPMENT BOARD STAFF REPORT AGENDA ITEM CASE NO 4.8 PLAT Request for re-p/at approval as required by Chapter 24, Article 4 of the Code of Ordinances at Atlantic Beach Subdivision A, Lots 2, 4, 6, 8, 10 and 12 Block 2 (54 East Coast Drive, 329 and 331 Ahern Street). LOCATION APPLICANT DATE STAFF 54 EAST COAST DRIVE, 329 AND 331 AHERN STREET AHERN TH PROJECT LLC JULY 14,2017 DEREK W. REEVES, PLANNER STAFF COMMENTS The applicant is Ahern TH Project LLC, the company that owns 54 East Coast Drive, 329 and 331 Ahern Street in the Residential General, Multi-family (RG-M) zoning district. These properties have been acquired over the last two years and will be combined into a single development project. All together the property is 300 feet by 130 feet and is 39,000 square feet or about 0.9 acres. The applicant plans to build a 12 unit townhouse project comprised of 4 buildings, each with 3 townhomes. The property is located within the Residential Medium (RM) Future Land Use designation, which allows up to 14 units per acre. At 0.9 acres, the maximum total number of units is 12.6 and is therefore rounded down to 12 units. This is further called out in the Section 24-88(a) requirement for new townhomes to have at least 3,100 square feet oflot area per townhome. Each proposed lot exceeds this requirement at 3,199 square feet or more in lot area. Section requires any division of land resulting in three or more lots is required to be platted. This is also consistent with state statutes. Additionally, Section requires lands to be platted prior to the issuance of permits for construction. As a result, this step is required before any development starts. As required by Section (b), the applicants have presented preliminary engineering plans that have been reviewed by the City's Public Works, Public Utilities, Building and Community Development departments. These reviews are not an approval, but rather a proof of concept. Formal reviews will be done at permitting. There are a few minor outstanding issues that are believed to be easily resolved and will not impact the proposed plat. There are two significant outstanding issues and those are the proposed easements and the covenants and restrictions. These items have not been submitted yet and the City Attorney has asked to review them prior to plat approval. There are multiple easements shown on the plat for various things like ingress and egress and utilities. This is specifically a concern as Section (c) requires access to a paved public street for every lot and many of the lots in the project must cross other lots as they come and go.

90 Agenda Item 8B SUGGESTED ACTION TO RECOMMEND APPROVAL The Community Development Board may consider a motion to recommend approval to the City Commission ofthe requested Plat, PLAT , at 54 East Coast Drive, 329 and 331 Ahern Street within the Residential General, Multi-family (RG-M) Zoning District finding that; 1. Approval of this Plat is consistent with the intent of the Comprehensive Plan; and 2. Approval of this Plat is consistent with the requirements of Chapter 24, Article 4. SUGGESTED ACTION TO RECOMMEND DENIAL The Community Development Board may consider a motion to recommend denial to the City Commission ofthe requested Plat, PLAT , at 54 East Coast Drive, 329 and 331 Ahern Street within the Residential General, Multi-family (RG-M) Zoning District finding that; 1. Approval of this Plat is NOT consistent with the intent of the Comprehensive Plan; and/or 2. Approval of this Plat is NOT consistent with the requirements of Chapter 24, Article 4. Page 2 of 2

91 Agenda Item 8B MINUTES OF THE REGULAR MEETING OF THE COMMUNITY DEVELOPMENT BOARD July 18th, CALL TO ORDER AND ROLL CALL. 2. APPROVAL OF MINUTES. The meeting was called to order at 6:05pm. All members were present except for Sylvia Simmons, who was absent. Also present were Planner Derek Reeves, Board Secretary Grace Mackey and representing the firm lewis, Longman and Walker, Mrs. Brenna Durden. A. Minutes of the May 16'" 2017 Regula Meeting of the Community Development Board Ms. Lanier motioned to approve the minutes as written. Mr. Reichler seconded the motion. The motion carried unanimously. 3. NEW BUSINESS. A. ZVAR PUBLIC HEARING (Richard Merriam) Request for a variance as permitted by Section 24-64, to decrease tile side yard setback from a combined 15 feet witl1 a minimum of 5 feet on either side as required by Section (e)(3) to a combined 13.5 feet with a minimum of3.5 feet on one side at Atlantic Beac/1 Subdivision A Lot 29 Block 10 (aka 362 Plaza). Chair Paul announced that agenda item A, application ZVAR for 362 Plaza, had been withdrawn as the applicant was no longer seeking a variance. Page 1 of6

92 Agenda Item 8B B. PLAT (Ahern TH PI'Oject LLC) Request for re-plat approval as required by Section 24, Article 4 of t11e Code of Ordinances at Atlantic Beach Subdivision A, Lots 2, 4, 6, 8, 10 and 12 Block 2 (54 East Coast Drive, 329 and 331 Allern Street). Staff Report Planner Reeves explained that the future land use of the properties includes Residential Medium (RM) and Residential General Multifamily (RG-M) zoning. This properties are adjacent to a singlefamily zoning district to the North, and the central business district to the South. He then explained that the proposed plan is to construct a 12-unit town home development, consisting of four, three story buildings where each unit will have a two-car garage. Staff then displayed the proposed site plan, which showed that there would be two driveways which would be accessed through East Coast Drive. This issue had been discussed at a prior meeting of the Community Development Board, when the applicant requested a variance for the proposed construction. Since this meeting, the applicant has slightly modified the parking arrangement along East Coast drive, however, there will still be parking directly along this street. He explained that prior to this construction, the applicant would need to go through the full permitting process with all applicable City Departments. He then noted that the current request was for a re-plat of the property and as such, the Board would be recommending approval or denial of this plat request, not of the proposed construction, to the City Commission. Previously, the units were going to be considered condos with a condo association maintaining the ownership of the units. If this re-plat requested were approved, the units would each be individually-owned townhomes. The property then, would be divvied up into 12 individual parcels with independent ownership. Staff noted that there is an existing easement on the West side of the property that will remain in place, to allow a driveway access to the adjacent property for the residents who live there. There are also ingress and egress as well as utility easements covering much of the property, other than where the units will be. At this point in Page 2 of6

93 Agenda Item 8B time, these easements have not been legally reviewed by City Staff nor by the City Attorney. Staff noted that this would be a requirement prior to sending the application to City Commission. An approved re-plat is required In this circumstance because the applicant wishes to subdivide their property into 3 or more parcels. The property is just under 0.9 acres, allowing for 12.6 units total. They are proposing to construct 12 units. Chair Paul questioned if this re-plat request would possibly have to be modified then brought before the Board again if the easements are found to be inadequate or inappropriate. Staff replied that the easements on the property should not affect the re-plat proposed tonight. Instead, the review of the easements will help give shape to the legal language of this re-p lat. Mr. Stratton referenced the meeting of the Community Development Board where this application was previously brought before them. He commented on the concern that was raised at that meeting, regarding the driveways which would exit onto East Coast Drive and the effect that would have on the traffic at that intersection (of East Coast Drive and Ahern St.) He asked staff what the parking and driveway situation would be entering and exiting East Coast Dr. with this current re-plat request tonight. Staff explained that with the currently proposed parking layout, the units along East Coast Dr. would each have two parking spots in their garages, and would share a drive aisle to gain access to and from these parking spots. This drive aisle would be regulated by easements for ingress and egress, so that it would remain clear for all units to properly access their parking spaces. Mr. Reichler commented on the (Community Development] Board's responsibility to ensure that anything they are approving meets the requirements and goals of the City's Comprehensive Plan and Land Development Regulations. He asked whether or not any City Staff had reviewed this re-plat request to make sure that it does meet these criteria. Staff responded that while minor tweaks to the request may need to be made at final permitting, the project proposed was consistent with the City's Comprehensive Plan and Land Development Regulations. Mr. Reichler asked Staff if the applicant's landscape plan was consistent with the City's requirements regarding tree mitigation. Page 3 or6

94 Agenda Item 8B Staff replied that he did not believe it did, however, he was still doing the calculations for this proposed plan. Mr. Mandelbaum questioned whether or not the Plat request complied with all applicable City legislation. Staff replied that it did meet such criteria. Chair Paul clarified that the application was being brought before the Community Development Board due to the number of parcels being created through the parcel split. Applicant Comment Rick Johnston, 3528 Ocean Drive, Jacksonville Beach, FL 32250, introduced himself as the applicant. He explained that at a prior meeting of the Community Development Board, he presented an application for a variance as the structures were going to originally be condos, but that he withdrew that application due to the tension present at the meeting. Following the meeting, he met with some of the neighbors near his property and worked with the City of Atlantic Beach's Public Works Department to try and address any issues that came up in the conversations. He added that along with these changes, he added a wider sidewalk along the street In addition to more parking spaces, while trying to maintain the integrity of his design. Mr. Johnston then commented on the easements on site. He stated that he had met with the City's Public Works Department to discuss these easements along with the Water and Sewer utilities on-site. He noted that they also have worked with JEA to plan out how the electric utilities will be tied in to the buildings. The applicant then we nt on to discuss his landscape plan, specifically, the trees they chose to keep on-site versus those they need to remove. Mr. Johnston then spoke to the drive aisles which would enter and exit off of East Coast Drive. He stated that he tried to take into account the residents who would be immediately effected. At the same time, he did not find another parking option. Mr. Elmore questioned what the length of the property was along Ahern Street and East Coast Drive. The applicant responded that Page 4 of6

95 Agenda Item 8B the length along Ahern Street is 300 feet, while the length of the property along East Coast Drive is 130 feet. Public Comment Board Discussion Mrs. Paul opened the floor to public comment. With no speakers, public comment was closed by Mrs. Paul. Mr. Reichler commented that while he was not personally in favor of the proposed design of the proposed construction, he could not vote against the application before the Board so long as it was consistent with the City's Comprehensive Plan and land Development Regulations. Chair Paul clarified that the Board was only voting on the approval or denial of the applicant's request to subdivide the lot, per their Plat Request. Ms. Lanier commented that she believed the design presented to the Board for the proposed development to be consistent with the surrounding community. At the same time, she expressed her concern for the ingress and egress points along East Coast Drive, in light of the traffic along that road. Motion 4. REPORTS. Mr. Elmore moved to approve application PLAT as it was presented. Mr. Reichler seconded the motion. The motion carried unanimously. A. Administrative Variances Approved No Administrative Variances have been approved since the last Community Development Board Meeting. Mr. Reichler asked Staff about the status of the Selva Preserve application. Staff commented that the application is still under review by City Staff. He noted that all Departments have given the applicant comments and are awaiting a response. Mr. Reichler then asked for a status update on the CRA and on the proposed rezoning ordinance for the Mayport Overlay District. Staff replied that the CRA was under discussion amongst staff and that Page 5 o1'6

96 Agenda Item 8B the ordinance proposal would be brought before the Board next month at the regular meeting of the Community Development Board. He mentioned that noticing has already taken place for this ordinance. 5. ADJOURNMENT. Mr. Elmore moved to adjourn the meeting at 6:42pm. Chair Paul seconded the motion. The motion carried unanimously. Brea Paul, Chair Attest Page 6 of6

97 Agenda Item 8D CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT AGENDA ITEM: SUBMITTED BY: DATE: UBEX Public Hearing Request for a use-by-exception as permitted by Section (c)(3), to allow on-premises consumption of alcoholic beverages in accordance with Chapter 3 of the code at 461 Atlantic Boulevard. Derek W. Reeves, Planner //J-.- January 11,2018 BACKGROUND: The applicant is Atlantic Beach Yard Real Estate LLC, the entity proposing the construction of a new barbeque restaurant at 461 Atlantic Boulevard. This will be a full service restaurant selling beer, wine and liquor for on-premises consumption. The property is currently a vacant lot within the Commercial General (CG) zoning district with frontage on Atlantic Boulevard and Sturdivant A venue. While the sale of beer and wine for on-premises consumption in conjunction with a full service restaurant is a pe1mitted use with CG, the sale of liquor for on-premises consumption requires a use-by-exception per Section (c)(3). As this is new construction and the plans are still under review, there could be changes to the cunent proposed site plan. As of today, it is planned to have a one way drive isle entering the site from Atlantic Boulevard and exiting on Sturdivant A venue. The proposed parking area will have angled parking and a total of 15 spaces, two of which are handicap parking. Additional parking is being proposed through a shared parking agreement with the Beaches Town Center Association. A dumpster will be located on the north side of the parking area near Sturdivant A venue. The dumpster is required to be screened and fencing is proposed around an outdoor open area at the north end of the property. The nearest residential zoning and use is directly across Sturdivant A venue to the n01ih. This would be the only full service restaurant with on-premises consumption of liquor between the Town Center and Sailfish Drive with the exception of Hurricane Grill and Wings in front of the Publix in Neptune Beach. The Community Development Board will consider this item at their January 16, 2018 meeting. Their recommendation will be provided in the final agenda or at the Commission meeting. BUDGET: RECOMMENDATION: None. To consider the CDB 's recommendation on UBEX ATTACHMENTS: REVIEWED BY CITY MANAGER: --'r- UBEXI?-0004 applicati~pmt. "'F=-"= "'~"' ==----=-=., -

98 Agenda Item 8D APPLICATION FOR A USE-BY-EXCEPTION City of Atlantic Beach 800 Seminole Road Atlantic Beach, Florida Phone: (904) FAX (904) Date FileNo. lt 3~~ 11 -rwl{ Receipt Applicant's Name Atlantic Beach Yard Real Estate LLC 2. Applicant's Address 1238 Beach Avenue, Atlantic Beach, FL Property Location 461 Atlantic Beach Boulevard, Atlantic Beach, FL Property Appraiser's Real Estate Number 17 _ 0 _ 6 _ 9 _ 1 -_ 0 _ 0 _ 1 _ 0 Bloclc No. Lot No Current Zoning Classification Commercial General 6. Comprehensive Plan Future Land Use designation Commercial 7. Requested Use-by-Exception On-premises consumption of alcoholic beverages pursuant to Sec Size of Parcel o_.5_4 9. Utility Provider City of Atlantic Beach/JEA 10. Statement of facts and special reasons for the requested Use-by-Exception, which demonstrates compliance with Section of the City of Atlantic Beach Code of Ordinances, Zoning and Subdivision Regulations. Attach as Exhibit A. (The attached guide may be used if desired. Please address each item, as appropriate to this request.) 11. Provide all ofthe following info1 mation. (All information must be provided before an application is scheduled for any public hearing.) a. Site Plan showing the location of all structures, temporary and permanent, including setbaclcs, building height, number of stories and square footage, impervious surface area, and existing and/or proposed dl"iveways. Identify any existing structm es and uses. b. Proof of ownership (deed or certificate by lawyer Ol' abstract company Ol' title company that verifies record owner as above). If the applicant is not the owner, a letter of authorization from the owner(s) for applicant to represent the owner for all pm poses related to this application must be provided. c. Survey and legal description of property sought to be rezoned. (Attach as Exhibit B.) d. Required number of copies. (Two (2) copies of all documents that are not larger than 11 x 17 inches in size. If plans or photographs, or color attachments a1 e submitted, please provide eight (8) copies of these.) e. Application Fee ($250.00) I HEREBY CERTIFY THAT ALL INFORMATION PROVIDED WITH THIS APPLICATION IS CORRECT: Signature of owner(s) or authorized person if owner's authorization form is attached: Printed Ol' typed name(s): ~~~~-~ Signature(s): ,c..!:: ADDRESS AND CONTACT INFORMATION OF PERSON TO RECEIVE ALL CORRESPONDENCE REGARDING THIS APPLICATION Name: Steve Diebenow and Cyndy Trimmer Mailing Address: Driver, McAfee, Peek & Hawthorne, PL, 1 Independent Drive, Suite 1200, Jacksonville, FL sdiebenow@dmphlaw.com Phone: FAX: ctrimmer@dmphlaw.com

99 Agenda Item 8D OWNER'S AUTHORIZATION FOR AGENT D_n_ v_e_r,_m_ca_fe_e_,_p_e_ek_&_h_awt_h_o_rn_e_,_p_.l_. is hereby authorized to act on behalf of _A_tl_an_t_ic_B_e_a_c_h_Y_a_r_d_R_e_a_l E_s_t_at_e_L_L_C., the owner(s) of those lands described within the attached application, and as described in the attached deed or other such proof of ownership as. may be required, in applying to the City of Atlantic Beach, Florida, for an application related to a Development Permit or other action pursuant to: IKI m D D Zoning Variance Use-by-Exception Building Permit Sign Permit D D D Comprehensive Plan Amendment Zoning Map Amendment Plat, Replat or Lot Division Tree Permit ther Pri h t~ Title:, 27?'{7 '"'ct OY\rudeYL- Signature of Owner Print Name 717 5~3-3;;J;~ Telephone Number State of_{; L..._!,I/tl ==I-<t \L1t9 c:z County of /j vv.l't'"'--- Signed and sworn before me on this day of, 20 _. By /Zt ( IC- fvlt~ 1/ c-t<-, Identification verified: K,..,;.. w A J Oath sworn: )C Yes No I ' Signature ;'t>... ~..,_~,& CYNlliiAKTRIMMER M y C ommtsswn expll'es: ~~ IGG ~,.. * Expk'NAilgus\27,2021.,~OF F\.o't-~ BOI)(ItdTiriiB<Idgt!Not.yStrrl:ies

100 Agenda Item 8D Doc # , OR BK Page 505, Number Pages: 4, Recorded February 02/14/ , 2018 at 10:15 AM, Ronnie Fussell CLERK CIRCUIT COURT DUVAL COUNTY RECORDING $35.50 DEED DOC ST $ This instrument was prepared by: HAYWOOD M. BALL, ESQUIRE HAYWOOD M. BALL, P. A. 341 West Forsyth Street Jacksonville, Florida (904) (. R. E. Tax I.D. No.: SPECIAL WARRANTY DEED THIS DEED is made on the _t.l"" day of February,. 2017, by ATLANTIC MERCHANT, LLC, a Florida limited liability company, whose mailing address is 341 West Forsyth Street, Jacksonville, Florida (the "Grantor"), to ATLANTIC BEACH YARD REAL ESTATE LLC, a Florida limited liability company, whose mailing address is 1238 Beach Avenue, Atlantic Beach, Florida (the "Grantee"). (Wherever used herein the terms "Grantor" and "Grantee" including all the parties to this instrument and the heirs, legal representatives and assigns of individuals, and the successors and assigns of corporations) WITNESSETH: That Grantor, for and in consideration of the sum of TEN DOLLARS ($10.00) and other valuable considerations, receipt whereof is hereby acknowledged, by these presents does grant, bargain, sell, alien, remise, convey and confrrm unto the Grantee, all that certain land situated in Duval County, Florida, described as follows (the "Property"): See Attached Exhibit "A" TOGETHER with all tenements, hereditaments and appurtenances thereto belonging or in anywise appettaining. SUBJECT TO those matters set forth on Exltibit "B" attached hereto. TO HAVE AND TO HOLD, the same in fee simple forever. AND GRANTOR hereby covenants with Grantee that Grantor is lawfully seized of the Property in fee simple; that Grantor has good right and lawful authority to sell and convey the Property; and Grantor hereby specially wanants the title to the Property subject to the matters referenced above, and will defend the same against the lawful claims of all persons claiming by, through or under the Grantor, but not otherwise. 1

101 OR BK PAGE 506 Agenda Item 8D IN WITNESS WHEREOF, the Grantor has caused these presents to be executed the day and year first above written. Signed and delivered in.the presence of: ATLANTIC MERCHANT, LLC, a Flol'ida limited liability company Witness /-(AYtJJoD'b,_. M ~1\t..c.. [...:...] Print name below signature ~~~~ [~:ey\~\ ~~c.~.:. \\-h.~.-:-. C..~ - Print name below signature Its: Member Manager STATE OF FLORIDA COUNTY OF DUVAL fl The foregoing instrument was acknowledged before me this I 'lj... day offebruary, 2017, by RONALD L. LANGLEY, as Presjdent of BISBEE BALDWIN CORPORATION, a Florida corporation, the Member Manager of ATLANTIC MERCHANT, LLC, a Florida limited liability company, on behalf of the company, the Grantor named therein, who [X] is personally known to me or [ ] has produced a Florida drivers license as identification [check one]. HAYwOOD M. BALL MY COMMISSION# GG 05W66 EXPIRES: January 21, 2021 BOOOed Thru Nolary Publlo UndelWlflers ~i:::r~~~~ Notary Public State of Florida at Large 'HA'/LJoob t-t. 'BAc..a.. [... ] Print name below signature [Affix Notary Stamp] My Commission Expires: My Commission No.: 2

102 OR BK PAGE 507 Agenda Item 8D EXHIBIT "A" LEGAL DESCRIPTION Lots 817, 818, 819, 820, 821, 842 and 843, (/.lui the 1Vesterly 5 feet. of Lot 822' and 844, SECTION NO. 3, SAL1'AIR,. according to tlte plat th-ereof as recorded iu Plat Book 10, Page 16 of the Cttrrellt Public Records of Duval County, Florid(l,

103 OR BK PAGE 508 Agenda Item 8D EXHIBIT "B" Pennitted Exceptions 1. Taxes for 2017 and all subsequent years, not yet due and payable. 2. All matters contained on the Plat of Section No. 3 Saltair, as recorded in Plat Book 10, Page16 Public Records of D~vaf County, Florida. 3. Notice and Agreement ofmitigation recorded in Official Records Book 14316, Page 1542, Public Records of Duval County, Florida. 4. Encroachment of concrete drive into the right of way of Sturdivant A venue as shown on the survey prepared by Boatwright Land Surveyors, Inc. dated March 12, 2008, updated March 10,2016, andjanuary23, 2017, File No.:

104 Agenda Item 8D EXHIBIT A Application for Use-by-Exception 461 Atlantic Boulevard Applicant, Atlantic Beach Yard Real Estate LLC ("Applicant"), seeks a use-by-exception to permit on-premises consumption of alcoholic beverages in conjunction with a new barbeque restaurant ("Proposed Use") to be constmcted at 461 Atlantic Boulevard ("Propetty"). 1. Ingress and egress to property and proposed stl'uctures thereon with pat ticular reference to vehicular and pedestrian safety and convenience, traffic flow and control and access in case of fire or catastrophe. Applicant proposes construction of a 5,000 square foot, single-story building. Vehicular access to the Property will be via one-way entrance to on-site parking from Atlantic Boulevard with exit onto Sturdivant A venue. Pedestrian access to the propetty will be by the existing sidewalk on Atlantic Boulevard. A conceptual site plan depicting the stmcture, ingress and egress is provided. 2. Parldng and Loading Spaces, where required, with particular attention to the items in (1) above. A total of 15 on-site parking spaces are provided, including two ADA spaces. A variance is being sought to address off-site parking. 3. The potential for any adverse impacts to adjoining properties and properties generally in the area resulting from excessive noise, glare and lighting, odor, traffic and similar characteristics of the Use-by-Exception being requested. The Propetty is one block west of the Central Business District ("CBD") within the Commercial, General ("CO") zoning district. Restaurants, including those with on-premises consumption of beer and wine, are permitted by right within the CO zoning district. Section ( c )(3) authorizes a use-by-exception for on-premises consumption of alcoholic beverages, and such use is compatible with the existing commercial character of the CBD and those uses along Atlantic Boulevard just west of the CBD. The addition of alcoholic beverage service to the permitted uses will not result in excessive noise, glare and lighting, odor or traffic, and will not cause any adverse impacts to adjoining propetties. 4. Refuse, trash collection and service areas, with particular reference to items (1) and (2) above. A concrete dumpster pad will be constructed at the northeast corner of the Propetty within the parking lot as generally depicted on the site plan. A dumpster enclosure will be provided. 5. Utilities, with reference to locations, availability and compatibility. Utilities will be provided by City of Atlantic Beach and JEA. 6. If adjacent uses are different types of users, describe type of screening and buffering that will be provided between your use and the adjacent use. 1

105 Agenda Item 8D The immediately sunounding uses to the west, south and east of the propetty are primarily commercial with shopping plazas to the west and south, and medical and commercial offices and a McDonalds to the east. The uses to the n01th include townhomes and the Community Presbyterian Church. The Proposed Use will be screened from the propetties to the notth by landscaping and a minimum 6 foot high opaque wood fence. 7. Signs, if any, and proposed exterior lighting, with reference to glare, traffic safety, economic effects and compatibility and harmony with properties in the District. Signage and lighting will comply with applicable regulations. 8. Required Yards and Other Open Space. Show building setbaclcs and areas of open space on site plan. See attached conceptual site plan. 9. General compatibility with adjacent properties and other property in the surrounding Zoning District as well as consistency with applicable provisions of the Comprehensive Plan. The Property is located along the Atlantic Boulevard commercial conidor, one block n01th of the Beaches Town Center. The immediately surrounding area consists primarily of shopping centers with restaurants such as Beach Diner and Davinci's Pizza and fast food establishments such as McDonald's, Popeyes Louisiana Kitchen and Subway. The Proposed Use is consistent with the commercial uses along Atlantic Boulevard, especially considering the Property's close proximity to the CBD. Additionally, the project will introduce a new dining option for the City of Atlantic Beach and sunounding neighborhoods consistent with the objectives of the CG zoning district under the Comprehensive Plan. 2

106 Agenda Item 8D ""'"'"',. STURDIVANT AVENUE!;!: T ).t,\g N:. :.....o.:j O :><.---- FOR"ERLv LAKE~EvrAVENOE)' ~~ge;.~k.t c~t=er: (..,so:_fuc~ WAY (L(\';.i t (>.'~ a t-7a ru,.v., J!J>J... 19E! CATU~t. I: I : ~ 'I I: I, I :I' I : I I: I --1 I I i, ' i Commerdal Development 0 e:: :~r:~ :,~,c.;;:~~: : s~' ~ mcrl P.;: :: '"''H r;ro r;a?, ir.<.v ~57:? l'l 1: 0"..:!'1 t:~ l;;t}'f l (.f NA)' rr. ;.n_;. ~; l tc ~ u_.. :.('! ~.;o. ABBQ Restaurant 461 AUanUc Blvd. Atlantic Beach, FL

107 Agenda Item 8D C::t<fft B r.,- J? MAP SHOWING SURVEY OF LOiS 817, 818, 819, 820, 621, 842 AND 843, TOGETHER WITH THE WEST 5.00 FEET OF lols 622 AND 644, SALTAIR SECTlOH NO. 3, AS RECORDED IN PLAT BOOK 10, PAGE HI OF THE CURRENT PUBLIC RECORDS Of DUVAL COUNTY, R.OR!DA ? seal :,. - ZfJ' I I ( LOT 841 I I LOT817 I 1 1 LOT 818 LOT 642 I ~ VA C A fi. 1 T ' -:;,. } I I,I,:..,,~ I '0} 1 / LOT 819 I I LOT 820 I I I I I /\~, I 1/,' 1/ I I LOT 643 LOT 823 I f I LOT 82.4 I I I I I LOT 825 LOT 645 n-te: PROPERTY SHOWN HEREON UES IN FLOOO ZONE x (AREA OUTSIDE lhe 0.2,; ANNUAL CHANCE FlOODPLAIN) AS v.nt. AS CAN BE OETERUINED FROU llie FLOOD INSURANCE RATE MAP NUMBER 12031C0409H, REVIS 0.AJNE 3, 2013 FOR DUVAL COUNTY, FlORIDA. lhis SURVEY WAS MADE FOR THE BENEFIT OF' A ltantic MERCHANT llc; RIO< A. lao 'fer; HAYWOOD M. BAU.. P.A..; OlD REPUBUC NAllO.~AL llll INSURANCE COMPANY; AND AllANTIC BEACH YARD REAL ESTAlE LlC, A FLORIDA Ull!TEO UAB!UlY COMPANY eotmoaa'i' SO'IM:Y UPOAl - JNNMf'f 2J, 2017 BOVHOAA'f "'Q ~SURVEY UPOA.TE- w.roi DONN W. BOATWRIGHT, P.S.M. FLORIDA UC. SURVEYOR and MAPPER No. LS 3295 ftorloa UC. SVR\'EYINO k I.W'f>ING SUS!NESS Ntt. l BOATWRIGHT LAND SURVEYORS, Inc ROBERTS DRIVE, JACKSONVILLE BEACH, FLORIDA DAm """"',; SHEET..J_Of'_L

108 Agenda Item 8D CITY OF ATLANTIC BEACH COMMUNITY DEVELOPMENT BOARD STAFF REPORT AGENDA ITEM CASE NO. LOCATION APPLICANT DATE STAFF 3.B UBEX Request for a use-by-exception as permitted by Section (c)(3), to allow on-premises consumption of alcoholic beverages in accordance with Chapter 3 of the code at 461 Atlantic Boulevard. 461 Atlantic Boulevard Atlantic Beach Yard Real Estate, LLC. January 9, 2018 Derek W. Reeves, Planner STAFF COMMENTS The applicant is Atlantic Beach Yard Real Estate LLC, the entity proposing the construction of a new barbeque restaurant at 461 Atlantic Boulevard. This will be a full service restaurant selling beer, wine and liquor for on-premises consumption. The property is a vacant lot within the Commercial General (CG) zoning district with frontage on Atlantic Boulevard and Sturdivant A venue. While the sale of beer and wine for on-premises consumption in conjunction with a full service restaurant is a permitted use with CG, the sale ofliquor for on-premises consumption requires a useby-exception per Section ( c )(3). As this is new construction and the plans are still under review, there could be changes to the current proposed site plan. As of today, it is planned to have a one way drive isle entering the site from Atlantic Boulevard and exiting on Sturdivant Avenue. The proposed parking area will have angled parking and a total of 15 spaces, two of which are handicap parking. A dumpster will be located on the north side of the parking area near Sturdivant A venue. The dumpster is required to be screened and fencing is proposed around an outdoor open area at the north end of the property. The nearest residential zoning and use is directly across Sturdivant A venue to the north. This would be the only full service restaurant with on-premises consumption of liquor between the Town Center and Sailfish Drive with the exception ofhurricane Grill and Wings in front of the Publix in Neptune Beach. ' I P. TI_ANTlC B O ULE VAR D~ {~,o, J:!: ~..., 1-t-t. ft N:r. IY} t faj ~1Cf"lrU _!

109 Agenda Item 8D SUGGESTED ACTION TO RECOMMEND APPROVAL The Community Development Board may consider a motion to recommend approval to the City Commission of a requested Use-by-Exception (File No. UBEX ) to allow on-premises consumption of alcoholic beverages in accordance with Chapter 3 of the code within the Commercial General (CG) Zoning District and located at 461 Atlantic Boulevard provided: 1. Approval of this Use-by-Exception is consistentwith the intent of the Comprehensive Plan. 2. Approval of this Use-by-Exception is in compliance with the requirements of Section 24-63, Zoning, Subdivision and Land Development Regulations. 3. The requested use is consistent with Section (c) in that the proposed use is found to be consistent with the uses permitted in the CG zoning district with respect to intensity of use, traffic impacts and compatibility with existing industrial uses, commercial uses and any nearby residential uses. SUGGESTED ACTION TO RECOMMEND DENIAL The Community Development Board may consider a motion to recommend denial to the City Commission of a requested Use-by-(File No. UBEX ) to allow on-premises consumption of alcoholic beverages in accordance with Chapter 3 of the code within the Commercial General (CG) Zoning District and located at 461 Atlantic Boulevard provided: 1. Approval of this Use-by-Exception is not consistent with the intent of the Comprehensive Plan. 2. Approval of this Use-by-Exception is not in compliance with the requirements of Section 24-63, Zoning, Subdivision and Land Development Regulations. 3. The requested use is not consistent with Section (c) in that the proposed use is found to be inconsistent with the uses petmitted in the CG zoning districts with respect to intensity of use, traffic impacts and compatibility with existing industrial uses, commercial uses and any nearby residential uses. Page 2 of2

110 Agenda Item 9B CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT AGENDA ITEM: SUBMITTED BY: DATE: STRATEGIC PLAN LINK: BACKGROUND: 90-Day Calendar for the Mayor and Commission Yvonne Calverley, Executive Assistant to the City Manager }lv January 30, 2018 (/ None The 90-day calendar is included on the agenda for the purpose of setting meeting dates, determining the location, time and whether or not to videotape special meetings and workshops if the Commission desires. The rolling 90-day calendar will be revised after receiving input from City staff and the Commission and will be included in each agenda for consideration. Special notes: Public Meeting hosted by Global JAX will be held on February 16 from 9 am to 10:30 in the Chamber. Gaglione Hearing will be held on February 26 at 4:30pm in the Chamber. A Town Hall Meeting is tentatively scheduled for Saturday, April 14 at 10 am in the Jordan Park Community Center. BUDGET: RECOMMENDATION: ATTACHMENT: * CITYMANAGER: None Approve the 90-Day Calendar for February through April2018 1) Mayor and Commission 90-Day Calendar (February through April 2018) ~

111 MAYOR AND COMMISSION February 2018 Agenda Item 9B 1 Parking and Pedestrian Safety Advisory Resource Committee 6pm Breast Cancer Marathon 5 12 Commission Mtg 6:30pm President's Day City Offices Closed 6 13 Environmental Stewardship Committee 6pm Community Development Board 6p.m I 21 8 Newsletter Due for March (Stinson) 15 Parking and Pedestrian Safety Advisory Resource Committee 6pm 22 I 9 Commission I 10 Workshop l pm (Tentative) I I Due Date for 2126 Agenda 16 Public l\ieeting It~ hosted by GlobalJAX 9 am - 10:30 am Chamber I~ 1, Due Date for 3/ 12 Agenda Gaglione Hearing Cultural Arts and 4:30 pm Chamber Recreation Advisory 6:30pm I Committee 6:30pm 28

112 MAYOR AND COMMISSION March 2018 Agenda Item 9B Parking and Pedestrian Safety Advisory Resource Committee 6pm 4 I Ia 19 Commission 110 Newsletter Due for I April (City Staff) Workshop I pm (Tentative) Due Date for 3/26 Agenda 11 I 12 1 t Environmental Parking and Commission Mtg I Code Enforcement Stewardship Pedestrian Safety 6:30pm Board Committee Advisory Resource Committee 6pm 6pm 6pm I 2~ Community Development Due Date for Board 4/9 6pm Agenda s 1 29 po I 31 Commission Mtg 6:30pm I Cultural Arts and Recreation Advisory Committee 6:30pm

113 MAYOR AND COMMISSION Agenda Item 9B April2018 I Parking and Pedestrian Safety Advisory Resource Committee 6pm Newsletter Due for May (Waters) Due Date for 4123 Agenda 8 I Commission Mtg Environmental Commission Town Hall Mtg 6:30pm Stewardship Workshop lpm 10 am- Noon Committee (Tentative) Jordan Park 6pm (Tentative) Community Parking and Development Pedestrian Safety Board Advisory Resource 6pm Committee 6pm I I 22 I s Cultural Arts and Commission Mtg I Recreation Due Date for 6:30pm Advisory 5/14 Committee Agenda 6:30pm I